A legatee, other than the testator’s spouse, who fails to survive the testator by 30 full days is considered to have predeceased the testator, unless the will of the testator: Expressly creates a presumption that the legatee is considered to survive the testator; or Requires that the legatee survives the testator for a stated period in order to take under the will and the legatee survives for the stated period.

There is a presumption that a will passes all property the testator owns at the time of the testator’s death, including property acquired after the execution of the will.

Unless a contrary intent is expressly indicated in the will, a legacy may not lapse or fail because of the death of a legatee after the execution of the will but prior to the death of the testator if the legatee is: Actually and specifically named as legatee; Described or in any manner referred to, designated, or identified as legatee in the will; or A member of a class in whose favor a legacy is made. A legacy described in subsection (a) of this section shall have the same effect and operation in law to direct the distribution of the property directly from the estate of the person who owned the property to those persons who would have taken the property if the legatee had died, testate or intestate, owning the property. Creditors of the deceased legatee shall have no interest in the property, whether the claim is based on contract, tort, tax obligations, or any other item.

Unless a contrary intent is expressly indicated in the will, property failing to pass under a void or inoperative legacy, and which is not provided for in § 4–403 of this subtitle, shall be distributed as part of the estate of the testator to those persons, including legatees, who would have taken the property if the void or inoperative legacy had not existed. Where a legacy to one of two or more residuary legatees is void or inoperative, the other residuary legacies shall be augmented proportionately by the property which is the subject of the legacy.

Unless a contrary intent is expressly indicated in the will, a specific legacy includes additional or substituted securities if: Securities are the subject of a specific legacy; After the execution of the will other securities of the same or another entity are distributed to the testator because of the testator’s ownership of the original securities, whether as a result of a partial liquidation, stock dividend, stock split, merger, consolidation, reorganization, recapitalization, redemption, exchange, or other transaction; and The securities are part of the estate of the testator at the time of the testator’s death.

Unless a contrary intent is expressly indicated in the will, a legacy of specific property shall pass subject to a security interest, lien, or renewal, extension, or refinancing of a security interest or lien on the property that existed at the time of execution of the will. If a security interest or lien is created or attaches initially after the execution of the will, the legatee is entitled to exoneration.

Subject to the terms of the instrument creating the power, a residuary clause in a will exercises a power of appointment held by the testator only if: An intent to exercise the power is expressly indicated in the will; or The instrument creating the power of appointment fails to provide for disposition of the subject matter of the power upon its nonexercise.

Unless a contrary intent is expressly indicated in the will, a legacy passes to the legatee the entire interest of the testator in the property which is the subject of the legacy.

A legacy for charitable use may not be void because of an uncertainty with respect to the donees: If the will making the legacy also contains directions for the formation of a corporation to take the legacy; and If the legacy is immediate and not subject to a life estate, a corporation is formed in accordance with the directions, capable and willing to receive and administer the legacy, within 12 months from the probate of the will; or If the legacy is subject to a life estate, a corporation shall be formed at a time between probate of the will and the end of 12 months following the expiration of a life estate or life estates.

Unless a contrary intent is expressly indicated in the will, in a legacy the following words mean a lack or a failure of issue in the lifetime, or at the time of the death of the person, and not an indefinite failure of the person’s issue: “Die without issue”; “Die without leaving issue”; or Other words which may imply either a lack or a failure of issue of a person in the person’s lifetime, or at the time of the person’s death, or an indefinite failure of the person’s issue.

A legacy may be made in form or in substance to the trustee in accordance with the terms of a written inter vivos trust, including an unfunded life insurance trust although the settlor has reserved all rights of ownership in the insurance contracts, if the trust instrument has been executed and is in existence prior to or contemporaneously with the execution of the will and is identified in the will, without regard to the size or character of the corpus of the trust or whether the settlor is the testator or a third person. The legacy is valid even if the trust is subject to amendment or modification or may be terminated or revoked after the will is executed whether by the settlor or any other person, or if the trust instrument or an amendment to it was not executed in the manner required by the estates of decedents law for wills. Unless the will provides otherwise: The legacy is valid even if the trust was amended or modified after the will was executed, and the legacy shall be given effect in accordance with the terms of the trust as they appear in writing on the date of death of the testator, including any amendment or modification; Property passing under the legacy passes directly from the personal representative to the trustee of the inter vivos trust, becomes a part of the assets of the trust, and is not considered held under a separate testamentary trust; An entire revocation of the trust prior to the death of the testator makes the legacy inoperative within the meaning of § 4–404 of this subtitle, even though the revocation was not effected in the manner provided by this article for the revocation of wills; and Subject to paragraph (3) of this subsection, a termination of the trust in accordance with its terms, or by its exhaustion, or by operation of law, or for another reason does not invalidate the legacy.

A legacy may be made in form or substance to the trustee under the terms of a testamentary trust established under another will. The legacy is valid even if the testamentary trust or the will establishing the trust was not in existence when the will containing the legacy was executed, if: The will establishing the testamentary trust was executed, or was last modified with respect to the terms of the trust, prior to the death of the testator of the will containing the legacy; The will establishing the testamentary trust is offered for probate prior to, or within 9 months after the death of the testator of the will containing the legacy; and The will establishing the testamentary trust is admitted to probate. Unless the will otherwise provides: Property passing under the legacy passes from the personal representative directly to the trustee of the testamentary trust, becomes a part of the assets of the trust, and is not considered as held under a separate testamentary trust; and A termination of the trust in accordance with its terms, by its exhaustion, by operation of law, or otherwise, does not invalidate the legacy.

If probable cause exists for instituting proceedings, a provision in a will purporting to penalize an interested person for contesting the will or instituting other proceedings relating to the estate is void.

In this section, “will” includes another written instrument of similar import. Unless a will executed on or after June 1, 1947, clearly indicates otherwise, “child”, “descendant”, “heir”, “issue”, or any equivalent term in the will includes an adoptee whether the will was executed before or after a court entered an order for adoption. Unless a will executed on or before May 31, 1947, clearly indicates otherwise, “child”, “descendant”, “heir”, “issue”, or any equivalent term in the will includes an adoptee if, on or after January 1, 1945, a court entered an interlocutory order for adoption or, if none, a final order for adoption.