If a testator's will includes survivorship language, will anti-lapse statutes typically apply to avoid the lapse?

• A. Yes
• B. No
• C. Only if the predeceased beneficiary had no descendants
• D. Only if the law requires

Answer: (B)

Survivorship language expresses a condition the recipient must meet to receive the bequest. Anti-lapse statutes are designed to prevent a gift from failing if the named beneficiary dies before the testator, often allowing that beneficiary’s descendants to take in place of the beneficiary. When there is an explicit survivorship requirement, the testator’s intent is clear: the gift should go only to someone who actually survives. That explicit condition typically overrides the default anti-lapse mechanism, so if the named beneficiary does not survive, the bequest does not automatically pass to that beneficiary’s descendants. In short, survivorship language generally blocks anti-lapse from applying, so the gift lapses rather than passing to descendants.