B. Consider using a percentage limitation if cash gift is large as compared to value of estate. If my wife survives me, I give her the residue of my estate. If my wife fails to survive me, I give the residue of my estate to my descendants who survive me by right of representation. If my wife survives me, I give her the residue of my estate. If she fails to survive me, the residue of my estate shall be divided into as many shares as there are surviving descendants in the nearest degree of kinship and deceased descendants in the same degree who left issue who survive me.
Residuary clause is important because it disposes of all property of decedent.
Above clause provides for descendants and paraphrases language of MCA Sec. In appropriate circumstances will substitute marital bequest and non-qualifying marital trust in this part of will. If the testator wishes a later age, probably trust provisions would be included in the will. Some practitioners use a trust to avoid appointment of a guardian. I appoint my wife personal representative without bond of this will.