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Could someone please help me understand this sentence (regarding Wills)?
"The general rule of construction in relation to the escription of a person in a will is that if there is a person who fits that description at the date of the will, that peron takes the gift. The general rule may be qualified by the testator's contrary intention; and he or she may indicate that the beneficiary is to be identified at the time of the testator's death and not at the date of the will.
What on earth? Not understanding the 2nd sentence at all!
*description
*description
1 Answer
- El JefeLv 79 years agoFavorite Answer
Ok, let's say the will says, "And to my wife, I leave $100,000". Except that it doesn't say who the wife is. Now, let's say that after the will is made, the person gets divorced and remarries. Who gets the $100,000? The current wife or the ex?
According to the first sentence, "fits that description at the date of the will", the ex wife gets the money. At the time the will was made, she was the wife. He may not have even known the second wife at the time the will was made.
But, let's say it says, "And to whoever may be my wife at the time of my death, I leave $100,000". Hmm. Doesn't say who the wife is, but it is specified in the will. Say he makes the will, divorces, remarries...now the second wife gets the money, since she is "identified at the time of the testator's death".
So, if it's not clear who the beneficiary is, it is whoever fits the description at the time the will is made (1st sentence) UNLESS the will says it is whoever fits the description at the time of death (2nd sentence).
