Also known as: antilapse · anti lapse · anti-lapse statute · antilapse statute
Written by attorneys · grounded in primary & secondary sources — see below
A statutory rule of construction that prevents a devise from lapsing when the named beneficiary predeceases the testator. The statute substitutes the beneficiary's surviving descendants for the beneficiary when the beneficiary falls within a protected class of relatives and leaves descendants who survive the testator.
Audrey Ashton left a will devising her farm to her brother Alan Ackerman. Alan died before Audrey, survived by his daughter Anita Ali. Because Alan was a descendant of Audrey's grandparent and left a surviving descendant, the antilapse statute substituted Anita for Alan so that she received the farm.
Aisha Ahmed devised her house to her cousin Antonio Alvarado provided he survived her. Antonio predeceased Aisha and left two children. The court held that the express survivorship condition manifested an intent contrary to the antilapse statute, so the house passed under the residuary clause rather than to Antonio's children.
Select any source to read its text and confirm it supports the definition.
Most antilapse statutes protect grandparents and their descendants, including stepchildren under the Revised Uniform Probate Code. The statute does not protect a spouse or unrelated persons.
Supporting sources
Yes. A person who would have been a class member had the person survived the testator is treated as a class member for antilapse purposes when the person is within the protected family group and leaves surviving descendants.
Supporting sources
An express alternative devise in the will defeats the statute when the will specifically directs that a nonresiduary gift passes under the residuary clause upon the beneficiary's failure to survive the testator.
Supporting sources
The antilapse statute does not apply. The gift lapses and passes under the residuary clause or to the testator's heirs by intestacy.
Supporting sources
…Co. v. Treadwell , 312 Mass. 214, 218 (1942). Meserve v. Haak , 191 Mass. 220, 223 (1906). See G. L. c. 191, § 22 (1986 ed.) (antilapse statute). This last stated principle becomes important in deciding whether Jennifer, the child of the deceased grandson, takes her deceased father’s share in the trust income or whether the…