2025 Session Last amended: 2002 session

§ 524.2-604 — Failure of Testamentary Provision

Plain-Language Summary

If a person named in a will dies before the person who made the will, the gift generally goes to the deceased beneficiary's descendants instead of failing entirely.

524.2-604 FAILURE OF TESTAMENTARY PROVISION.

(a) Except as provided in section 524.2-603, a devise, other than a residuary devise, that fails for any reason becomes a part of the residue.

(b) Except as provided in section 524.2-603, if the residue is devised to two or more persons, the share of a residuary devisee that fails for any reason passes to the other residuary devisee, or to other residuary devisees in proportion to the interest of each in the remaining part of the residue.

History:

1975 c 347 s 22; 1986 c 444; 1994 c 472 s 51; 2002 c 379 art 1 s 102

History: History: 1975 c 347 s 22; 1986 c 444; 1994 c 472 s 51; 2002 c 379 art 1 s 102

Practical Notes

If you leave something to your child in your will and your child dies before you, the gift automatically passes to your child’s children (your grandchildren) unless your will says otherwise. This is called the ‘anti-lapse’ rule.

Source: Minnesota Office of the Revisor of Statutes