Define: Antilapse Statute

Antilapse Statute
Antilapse Statute
What is the dictionary definition of Antilapse Statute?
Dictionary Definition of Antilapse Statute

Antilapse Statute:

An antilapse statute is a legal provision that prevents the lapse or failure of a gift or inheritance in a will or trust when the intended beneficiary predeceases the testator or settlor. This statute ensures that the gift or inheritance passes to the deceased beneficiary’s descendants or other specified individuals, rather than being distributed according to the laws of intestacy. The antilapse statute aims to carry out the testator’s or settlor’s intent by protecting the interests of the deceased beneficiary’s family members and ensuring that the intended property or assets are not left unclaimed or distributed to unintended recipients. The specific provisions of an antilapse statute may vary depending on the jurisdiction, so it is important to consult the applicable laws when creating or interpreting a will or trust.

Full Definition Of Antilapse Statute

The Antilapse Statute is a legal provision that addresses the issue of what happens to a gift or inheritance when the intended recipient (legatee) dies before the testator (the person who made the will) or before the distribution of the estate. The statute aims to prevent the lapse or failure of a gift by allowing it to pass to the deceased legatee’s descendants or other specified individuals.

Under the Antilapse Statute, if a legatee dies before the testator, the gift does not fail but instead passes to the deceased legatee’s descendants, typically children or grandchildren. This ensures that the intended beneficiaries of the gift still receive it, even if the original legatee is no longer alive.

However, the Antilapse Statute may have certain limitations or exceptions depending on the jurisdiction. For example, some states require that the deceased legatee must be a close relative, such as a child or grandchild, for the statute to apply. Additionally, the statute may not apply if the will explicitly states otherwise or if the legatee has disclaimed or renounced the gift.

Overall, the Antilapse Statute serves to prevent the failure of a gift in a will and ensures that the intended beneficiaries, typically the descendants of a deceased legatee, still receive the gift.

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This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 29th March 2024.

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