Estate of Stockird

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Stockird's handwritten will transferred “all my property and everything I may be entitled to inherit” to her life partner, Aguirre, and an aunt-by-marriage, Ambrose. The will did not include alternative provisions for disposition if either gift lapsed. Ambrose died before Stockird. After Stockird died, Aguirre sought a declaration that he is entitled to Stockird’s entire estate as the sole surviving residuary beneficiary under Probate Code 21111(b). Stockird’s halfbrother, Ramsden, argued the lapsed gift to Ambrose must pass to Stockird’s estate under section 21111(a)(3) and that as Stockird’s only surviving heir, he is entitled to Ambrose’s share under the laws of intestacy. The probate court agreed with Ramsden. The court of appeal reversed, finding that the trial court misinterpreted section 21111(b). The definition of “transferee” as kindred in section 21110(c) applies to section 21110, but the more general definition of “transferee,” as a “beneficiary, donee, or other recipient of an interest transferred by an instrument,” applies in section 21111(b). Given the clear intent of the Legislature to abolish the “no residue of a residue” rule and avoid intestacy, the 35 percent lapsed gift does not go to Stockird’s estate under section 21111(a)(3), but, subject to determination of Ambrose's descendants' reformation petition, must pass to Aguirre under section 21111(b). View "Estate of Stockird" on Justia Law