antilapse statute
Under normal estate law, a gift will "lapse" (no longer exist, the gift returns to the will residuary) if the beneficiary predeceases the testator (if the person recieving the gift dies before the person who wrote the will, there is no gift).
Certain states have enacted "antilapse statutes", under which the gift will pass through the deceased beneficariy and go to their heirs. For example: "Grandfather" leaves $100 to his son, "Son", but Son dies before Grandfather. If there is no antilapse statute, the $100 remains in the estate; but if there is an antilapse statute, the $100 will pass on to Son's heirs, namely "Grandson."
Definition from Nolo’s Plain-English Law Dictionary
A statute that passes a bequest in a will to the heirs of the beneficiary, if the beneficiary of the will dies before the testator.
Definition provided by Nolo’s Plain-English Law Dictionary.
August 19, 2010, 5:11 pm
