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
Related Missouri laws
Exchange of securities not to adeem specific legacy
RSMo 474.463
Testator surviving devisee, effect
RSMo 474.460
Rule in Shelley's case abolished, effect
RSMo 474.470
Devisee who does not survive testator by 120 hours treated as predeceasing testator
RSMo 474.455
Encumbrance does not revoke devise
RSMo 474.450
Devise deemed to convey fee simple, when
RSMo 474.480
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.