Md. Code Ann., Est. & Trusts § 4-401
Failure of legatee to survive testator
Effective Oct 1, 2019Added by Acts 1974, c. 11, § 2, eff. July 1, 1974. Amended by Acts 2019, c. 197, § 1, eff. Oct. 1, 2019.State of Maryland
- (1) Expressly creates a presumption that the legatee is considered to survive the testator; or
- (2) Requires that the legatee survives the testator for a stated period in order to take under the will and the legatee survives for the stated period.
A legatee, other than the testator's spouse, who fails to survive the testator by 30 full days is considered to have predeceased the testator, unless the will of the testator:
Added by Acts 1974, c. 11, § 2, eff. July 1, 1974. Amended by Acts 2019, c. 197, § 1, eff. Oct. 1, 2019.
Formerly Art. 93, § 4-401.