Testator surviving devisee, effect
If someone makes a will and leaves property to a family member (like a child, grandchild, or other relative), but that family member dies before the person who made the will, the property does not just disappear. Instead, that family member's own children or grandchildren get the property, as long as they are still alive at least 5 days after the person who made the will dies.
474.460. surviving , effect. — When any is to any child, grandchild or other relative of the testator, and the devisee dies before the testator, or is treated as if he the testator, leaving who survive the testator by one hundred twenty hours, the shall take the estate, real or personal, as the devisee would have done if he had survived the testator by one hundred twenty hours.
(RSMo 1939 § 528, A.L. 1955 p. 385 § 275, A.L. 1980 S.B. 637)
Prior revisions: 1929 § 527; 1919 § 516; 1909 § 546
Effective 1-01-81
(1962) Where left his entire estate to his sister and expressly stated in his will that he did not desire his half-sister to have any part of his estate, the half-sister would the estate when the sister who was devised all of the estate died before the testator. In re Smith's Estate (Mo.), 353 S.W.2d 721.
(1972) The term "relative" as used in this statute is reserved for relatives by and not by marriage. McComb v. Lyons (Mo.), 487 S.W.2d 16.
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Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.