Under Prob. Code 21110, California’s anti-lapse statute, a will’s bequest to a named individual goes to that individual’s heirs if the individual predeceases the testator—but only if the named individual is “kindred”—i.e., related by blood to the testator. If the predeceased individual is not kindred, the bequest to him or her forms part of the residue distributed to the residuary beneficiary. Under Prob. Code 21111, a residuary bequest to a named individual who predeceases the testator goes to other named residuary beneficiaries unless the predeceased individual is kindred, in which case the residuary bequest goes to the individual’s kin. Here, a gift of “all my estate” to two individuals made them residuary recipients. When one predeceased the testator and was an aunt (hence, not kindred), her share of the residue was distributed to the other residuary beneficiary, not the predeceased aunt’s heirs.
California Court of Appeal, First District, Division 1 (Margulies, J.); December 19, 2018 (modified upon denial of rehearing January 11, 2019, 2019 Cal. App. LEXIS 41); 30 Cal. App. 5th 558