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Cancellation Of Bequest

When and how is the bequest cancelable?

The bequest is cancelable at any time by the testator before the beneficiary takes constructive possession of the item; cancellation of the bequest is effected by:

1) the testator stating so, whether spoken or written;

2) the testator using (assuming this diminishes the usefulness of the item), losing, consuming, bequesting (where the new bequest supersedes the previous one), using as collateral, gifting, selling, or any transactions that transfer the testator’s ownership of the item and thereby nullifies the bequest;

3) the beneficiary’s death, if this occurs before the beneficiary’s acceptance or constructive possession of the item, though if the beneficiary dies before making an acceptance, the estate heirs are entitled to accepting the bequest.

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