In a majority-rule jurisdiction, does anti-lapse apply to class gifts where a member predeceased and left descendants?

• A. Yes
• B. No
• C. Only if the class is all legitimate heirs
• D. Depends on survivorship clause

Answer: (A)

Anti-lapse ensures a gift isn’t lost when a member of a class dies before the testator but leaves descendants. For class gifts, the idea is that the class share isn’t simply canceled; the deceased member’s portion goes to that member’s descendants, typically per stirpes. In a majority-rule jurisdiction, this preserves the testator’s intent to benefit the family line by allowing the line of a predeceased class member to take that member’s share. For example, if you leave “to my children,” and one child dies before you leaving two grandchildren, those grandchildren receive the deceased child’s share, while the surviving children still receive theirs. That’s why anti-lapse applies here. Survivorship language or other provisions can affect specific situations, but the default rule in many jurisdictions is that anti-lapse applies to such class gifts.