If a legatee dies before the testator or before a legacy is payable, an abatement results, which means that the legatee's heirs receive reduced benefits.

Question

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Abatement refers to the reduction of bequests when the estate is insufficient to pay them in full, not to the reduction of benefits to heirs due to the legatee's predeceasing the testator. If a legatee dies before the testator, the legacy typically lapses unless a substitute beneficiary is named or unless the will includes a provision for such a situation.

If a Legatee Dies Before the Testator or Before a Legacy