Anti-Lapse Laws

When a recipient who stands to get a present under a Will passes away before the testator passes away, the gift has no one to go to. This is called lapse. When this occurs, that gift passes according either to the regards to the Will or to your state’s intestacy laws and not to the departed beneficiary’s descendants.

However, all states have some type of anti-lapse laws, also referred to as anti-lapse statutes that enable presents to go to the pre-deceased beneficiary’s household if the recipient is a close household member. The laws differ extensively, so you must talk with a certified estate planning attorney for recommendations about the anti-lapse laws in your state.
Relations. Anti-lapse laws use based on the relationship the testator has to the pre-deceased recipient. These laws mention that a gift provided to a close relative does not lapse if that relative pre-deceased the testator, but they vary in what they count as a close relationship. Let’s take a look at an example. Let’s state your grandfather left in his Will a particular present to your dad, however your father passes away prior to your grandpa does. Your grandpa never alters that part of his Will, so when he passes away, the gift passes to your father’s kids, indicating you. Depending upon your state’s laws, it may likewise pass to his grandchildren or brother or sisters.

Spouses. Gifts to partners do not count under anti-lapse laws. If, for instance, your grandfather leaves a specific present to your grandmother but your grandma dies prior to he does, that gift lapses and passes according either to the terms of the Will or to your state’s intestacy laws.

Written by Shirley Allen