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HARRY HUGHES, Governor
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1317
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(a) Unless a contrary intent is expressly indicated in the
will, a legacy may not lapse or fail because of the death of a
legatee after the execution of the will but prior to the death of
the testator if the legatee is:
(1) Actually and specifically named as legatee;
(2) Described or in any manner referred to,
designated, or identified as legatee in the will; or
(3) A member of a class in whose favor a legacy is
made.
(b) A legacy described in subsection (a) shall have the
same effect and operation in law to direct the distribution of
the property directly from the estate of the person who owned the
property to those persons who would have taken the property if
the legatee had died, testate or intestate, owning the property.
(c) Creditors of the deceased legatee shall have no
interest in the property, whether the claim is based on contract,
tort, tax obligations, or any other item.
12-102.
(d) Title 4 applies to any will executed on or after 12:01
a.m. on January 1, 1970, except that § 4-105 applies to any act
or acts of revocation occurring on or after January 1, 1970. As
to the rules relating to any will executed before January 1,
1970, the law before January 1, 1970 shall be applicable, EXCEPT
THAT § 4-403 APPLIES TO THE LEGACY OF ANY TESTATOR WHO DIES ON OR
AFTER JANUARY 1, 1970 JULY 1, 1983. The provisions of § 4-411
apply to a legacy made by a testator living on June 1, 1959, or
born after that date without regard to the date of the execution
of the will, the trust instrument, or an amendment to it. Section
4-411 shall not be construed as casting doubt upon the validity
of (1) a legacy made by a testator who died prior to June 1,
1959, or (2) a legacy which does not come within the provisions
of the section.
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SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall
take effect July 1, 1983.
Approved May 24, 1983.
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CHAPTER 409
(House Bill 201)
AN ACT concerning
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