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Simple English definitions for legal terms
nonlapse statute
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A quick definition of nonlapse statute:
A nonlapse statute, also known as an antilapse statute, is a law that helps prevent a gift from being lost if the person who was supposed to receive it dies before the person who was giving it. This law allows the gift to go to the person's children or other descendants instead. For example, if a grandparent leaves money to their grandchild in their will, but the grandchild dies before the grandparent, the money would go to the grandchild's children instead of being lost. Most states have some version of this law, but in places without it, the gift would go back to the person's estate and be divided among their other family members.
A more thorough explanation:
A nonlapse statute, also known as an antilapse statute or lapse statute, is a law that outlines what happens to a gift in a will if the intended recipient dies before the person who made the will. The purpose of the statute is to prevent the gift from "lapsing" or reverting back to the estate of the person who made the will.
For example, let's say that John makes a will leaving his house to his sister, Mary. However, if Mary dies before John, the nonlapse statute would come into play. Depending on the specific law in John's state, the gift may pass to Mary's children or other descendants instead of reverting back to John's estate.
In California, the nonlapse statute is found in Probate Code § 21110. This law states that if a person named in a will dies before the person who made the will, their descendants can take their place as the intended recipient of the gift. However, there are some exceptions to this rule, such as if the will specifically states that the gift should not pass to the deceased person's descendants.
Most states have some version of a nonlapse statute to ensure that gifts in wills are distributed according to the wishes of the person who made the will, even if the intended recipient is no longer alive.