Legal Definitions - anti-lapse statute

An anti-lapse statute is a law found in every U.S. state designed to prevent a gift made in a will from failing or "lapsing" if the intended recipient dies before the person who made the will (known as the testator).

Ordinarily, if a beneficiary named in a will dies before the testator, the gift intended for them would "lapse." This means the gift would not go to the deceased beneficiary's heirs but would instead fall back into the testator's general estate, to be distributed to other beneficiaries or according to state law for assets not specifically bequeathed. Anti-lapse statutes intervene in specific circumstances, primarily when the deceased beneficiary is a relative of the testator, to ensure the gift passes to the deceased beneficiary's descendants instead.

The specific family members covered by anti-lapse statutes vary significantly from state to state. Some states may limit coverage to direct descendants (children, grandchildren) and siblings of the testator, while others may extend it to a broader range of blood or adopted relatives. Importantly, these statutes generally do not apply to non-relatives, such as friends or charities.

Here are some examples illustrating how anti-lapse statutes work:

• Example 1: Grandparent to Grandchild

  Eleanor's will specifies that her valuable collection of antique coins should go to her grandson, Daniel. Tragically, Daniel passes away in a car accident a year before Eleanor does, but he leaves behind two young children. Without an anti-lapse statute, the coin collection would lapse and become part of Eleanor's remaining estate, potentially going to other heirs or being sold. However, because of the anti-lapse statute, Daniel's children would likely inherit the coin collection, stepping into their father's place as beneficiaries. This demonstrates how the statute ensures the gift remains within the intended family line.

• Example 2: Aunt to Niece/Nephew

  Robert's will states that his lakeside cottage should be inherited by his niece, Sarah. Before Robert's death, Sarah passes away, leaving behind her son, Michael. If the state where Robert resided has an anti-lapse statute that covers nieces and nephews (or their descendants), then Michael would inherit the cottage. This fulfills the spirit of Robert's original intention to keep the property within that branch of his family, even though the primary beneficiary predeceased him.

• Example 3: Limitations – Non-Relative Beneficiary

  Maria's will leaves a substantial sum of money to her long-time friend and neighbor, Thomas, who had provided her with companionship and assistance for many years. If Thomas passes away before Maria, the anti-lapse statute would typically not apply. Since Thomas is not a blood relative or descendant of Maria, the gift to him would "lapse." The money would then revert to Maria's general estate and be distributed according to other provisions in her will (such as a residuary clause) or state intestacy laws, rather than going to Thomas's heirs. This highlights that anti-lapse statutes are generally restricted to specific familial relationships.