Death of Trust Beneficiary While Incapacitated

Will provided for the residue to pass in equal shares to the two grandchildren and, if a grandchild was under the age of 25, his or her share was to be held in trust until age 25 or, if incapacitated, until the incapacity ended. The share of a grandchild who survived the testator, became incapacitated before age 25, and died after age 25 without regaining capacity, was distributed to the other grandchild and not the estate of the deceased grandchild. Moses Trust, 11 Fid.Rep.3d 139 (Berks O.C. 2021).

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