What happens to an otherwise residuary disposition that lapses because of a predeceased beneficiary?

• A. The ineffective disposition will pass to the other residuary beneficiaries, ratably, unless the testator has provided otherwise or unless the anti-lapse statute applies to the lapsed portion.
• B. It lapses to the testator's heirs as if it were never made.
• C. It passes to the executor.
• D. It is treated as intestate property.

Answer: (A)

When a residuary gift fails because the named beneficiary dies before the testator, the gift doesn’t vanish. The usual rule is that the lapsed portion is divided among the remaining residuary beneficiaries in proportion to their shares (ratably), unless the testator showed a different intention in the will or the anti-lapse statute applies to that lapsed portion. The anti-lapse statute can substitute the predeceased beneficiary’s issue for that beneficiary, so their issue take the share instead if they survive the testator and meet the statute’s requirements. This is why the best answer notes that the lapsed residuary portion goes to the other residuary beneficiaries ratably, unless the anti-lapse statute applies or the will provides otherwise. The other outcomes—going to the executor, becoming intestate property, or reverting to the testator’s heirs—do not reflect the general rule for a standard residuary lapse.