What happens to a gift if the beneficiary predeceases the testator?

Study for the Georgia Bar Exam. Prepare with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your exam!

When a beneficiary predeceases the testator, the handling of the gift is primarily governed by the laws surrounding wills and gifts. In such cases, the gift may lapse, which means it would typically fail and not be distributed to anyone. However, many jurisdictions, including Georgia, have enacted anti-lapse statutes designed to prevent this outcome under specific circumstances.

Under these statutes, if the deceased beneficiary has descendants who survive the testator, the gift can "spring" to those descendants rather than lapse. Therefore, the correct answer highlights that while the gift would usually lapse if no anti-lapse statute is in place, such statutes can provide a mechanism to save the gift for the beneficiary's descendants, preventing the gift from being forfeited entirely. This illustrates the balance between adhering to the testator's wishes and the legal frameworks aimed at preserving family relationships, despite individual circumstances.

The other choices present outcomes that do not generally align with the established legal principles regarding gifts and predeceased beneficiaries. Lapping outright to the state, dividing among remaining beneficiaries, or reverting to the testator's heirs ignores the specific protections that may apply under anti-lapse laws.

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