15-2-605. ANTI-LAPSE — DECEASED DEVISEE — CLASS GIFTS. If a devisee who is a grandparent or a lineal descendant of a grandparent of the testator is dead at the time of execution of the will, fails to survive the testator, or is treated as if he predeceased the testator, the issue of the deceased devisee who survive the testator by one hundred twenty (120) hours take in place of the deceased devisee and if they are all of the same degree of kinship to the devisee they take equally, but if of unequal degree then those of more remote degree take by representation. One who would have been a devisee under a class gift if he had survived the testator is treated as a devisee for purposes of this section whether his death occurred before or after the execution of the will.
History:
[I.C., sec. 15-2-605, as added by 1971, ch. 111, sec. 1, p. 233.]
Structure Idaho Code
Title 15 - UNIFORM PROBATE CODE
Chapter 2 - INTESTATE SUCCESSION — WILLS
Part 6 - RULES OF CONSTRUCTION
Section 15-2-601 - REQUIREMENT THAT DEVISEE SURVIVE TESTATOR BY 120 HOURS.
Section 15-2-602 - CHOICE OF LAW AS TO MEANING AND EFFECT OF WILLS.
Section 15-2-603 - RULES OF CONSTRUCTION AND INTENTION.
Section 15-2-604 - CONSTRUCTION THAT WILL PASSES ALL PROPERTY — AFTER-ACQUIRED PROPERTY.
Section 15-2-605 - ANTI-LAPSE — DECEASED DEVISEE — CLASS GIFTS.
Section 15-2-606 - FAILURE OF TESTAMENTARY PROVISION.
Section 15-2-607 - CHANGE IN SECURITIES — ACCESSIONS — NONADEMPTION.
Section 15-2-609 - NONEXONERATION.
Section 15-2-610 - EXERCISE OF POWER OF APPOINTMENT.
Section 15-2-612 - ADEMPTION BY SATISFACTION.
Section 15-2-613 - SIMULTANEOUS DEATH — DISPOSITION OF PROPERTY.