Failure of devise to become part of residue
When someone leaves property to a person in a will and that gift falls through for any reason, the property goes into the 'leftover pile' of the estate instead of being lost. If the leftover pile was meant to be split between two or more people and one person's share falls through, that share gets divided among the remaining people in the group based on how much each was already supposed to get.
474.465. Failure of to become part of . — 1. Except as provided in section 474.460, if a devise, other than a , fails for any reason, it becomes a part of the residue.
2. Except as provided in section 474.460, if the residue is to two or more persons and the share of one of the s fails for any reason, his share passes to the other residuary devisee, or to other residuary devisees in proportion to their interest in the residue.
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Source & history notes
(L. 1980 S.B. 637) Effective 1-01-81
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.