2019 Delaware Code
Title 12 - Decedents' Estates and Fiduciary Relations
Chapter 23. Accounting and Distribution
Subchapter II Payment of Legacies or Distributive Shares
§ 2313A Failure of share of residuary.

Universal Citation: 12 DE Code § 2313A (2019)

(a) Except as provided in § 2313 of this title, if the residue is given to 2 or more persons and if a share of a residuary beneficiary fails for any reason, such share shall pass to the other residuary beneficiary or beneficiaries in proportion to the interest of each beneficiary in the remaining part of the residue.

(b) This section shall not apply in the case of wills wherein provisions have been made for distribution of property different from this section.

75 Del. Laws, c. 303, § 1.

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