Tuesday, March 17, 2015

SECTION 2-604. FAILURE OF TESTAMENTARY PROVISION Uniform Probate code

SECTION 2-604. FAILURE OF TESTAMENTARY PROVISION Uniform Probate code
(a) Except as provided in Section 2-603, a devise, other than a residuary devise, that fails
for any reason becomes a part of the residue.
(b) Except as provided in Section 2-603, if the residue is devised to two or more persons,

the share of a residuary devisee that fails for any reason passes to the other residuary devisee, or to other residuary devisees in proportion to the interest of each in the remaining part of the residue.
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Comment
This section applies only if Section 2-603 does not produce a substitute taker for a devisee who fails to survive the testator by 120 hours. There is also a special rule for disclaimers contained in Section 2-1106(b)(3)(A); a disclaimed devise may be governed by either Section 2- 603 or the present section, depending on the circumstances.
A devise of “all of my estate,” or a devise using words of similar import, constitutes a residuary devise for purposes of this section.
Historical Note. This Comment was revised in 1993. For the prior version, see 8 U.L.A. 132 (Supp. 1992).
2002 Amendment Relating to Disclaimers. In 2002, the Code’s former disclaimer provision (Section 2-801) was replaced by the Uniform Disclaimer of Property Interests Act, which is incorporated into the Code as Part 11 of Article 2 (Sections 2-1101 to 2-1117). The statutory references in this Comment to former Section 2-801 have been replaced by appropriate references to Part 11. Updating these statutory references has not changed the substance of this Comment. 

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