Kenneth Vercammen & Associates, P.C.
2053 Woodbridge Ave.
Edison, NJ 08817
(732) 572-0500

Thursday, August 25, 2016

NJSA 3B:3-36 Failure of Testamentary Provision; Residuary Devise to Two or More Residuary Devisees; Death of One or More Before Testator

3B:3-36 Failure of testamentary provision; residuary devise to two or more residuary devisees; death of one or more before testator

3B:3-36. Except as provided in N.J.S.3B:3-35:

a.a devise, other than a residuary devise, that fails for any reason becomes a part of the residue.

b.if the residue is devised to two or more persons, unless a contrary intention shall appear by the will, the share of a residuary devise 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.

L.1981, c.405, s.3B:3-36, eff. May 1, 1982; amended 2004, c.132, s.32.

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