Do anti-lapse statutes distribute a predeceased beneficiary's share to her estate?

• A. Yes
• B. No
• C. Only if the beneficiary has no descendants
• D. It depends on the will

Answer: (B)

Anti-lapse statutes are about preventing a gift from failing when a beneficiary dies before the testator. Instead of the share going to the predeceased beneficiary’s estate, the statute treats the gift as if the beneficiary had lived and left it to their own descendants, usually per stirpes. In other words, the gift passes to the beneficiary’s issue if any exist, so the line of bounty continues through the family.

For example, if a will leaves $10,000 to a grandparent’s child who dies before the testator, anti-lapse would typically send that $10,000 to the grandchild(ren) of the deceased beneficiary, not to the deceased beneficiary’s estate. If there are no descendants, the gift may lapse or pass under other terms or state law, depending on the jurisdiction.

So the statement that anti-lapse statutes distribute a predeceased beneficiary’s share to her estate isn’t correct; the intended effect is distribution to the beneficiary’s descendants.