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 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 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 is reserved for relatives by and not by marriage. McComb v. Lyons (Mo.), 487 S.W.2d 16.
Tap any gold-underlined word to see what it means.
Related Missouri laws
Exchange of securities not to adeem specific legacy
RSMo 474.463
Devisee who does not survive testator by 120 hours treated as predeceasing testator
RSMo 474.455
Failure of devise to become part of residue
RSMo 474.465
Encumbrance does not revoke devise
RSMo 474.450
Rule in Shelley's case abolished, effect
RSMo 474.470
Bond to convey does not revoke devise
RSMo 474.440
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.