Anti-Lapse Statute

The Anti-Lapse Statute allows the children or descendants of a deceased beneficiary to inherit the property that would have gone to that beneficiary if they had survived the testator. This applies when the deceased beneficiary is related to the testator or a former spouse, ensuring that the intended family line benefits from the inheritance.

Testator John writes a will leaving his estate to his brother, Mike. Unfortunately, Mike dies before John executes the will. Under the Anti-Lapse Statute, Mike's children will inherit the share that would have gone to Mike, as they are his descendants.

If your kin's gone, their kids still win!

Students often overlook the requirement that the deceased beneficiary must be a relative or former spouse of the testator, leading them to incorrectly apply the statute in other situations. They may also confuse the Anti-Lapse Statute with other rules regarding wills and inheritance.

Questions typically present a scenario where a beneficiary has died before the testator, prompting candidates to identify whether the Anti-Lapse Statute applies and who inherits the property. Look for clues about familial relationships to determine the correct application.