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Simple English definitions for legal terms
anti-lapse statute
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A quick definition of anti-lapse statute:
An anti-lapse statute is a law that helps make sure that when someone leaves something to a person in their will, and that person dies before them, the gift doesn't just disappear. Instead, the law allows the gift to go to the person's children or other close relatives. This law only applies to family members, not friends or neighbors. Different states have different rules about which family members are covered by the law.
A more thorough explanation:
An anti-lapse statute is a law that prevents a gift or bequest from being voided or cancelled if the intended beneficiary dies before the person who made the gift or bequest. This law applies only to relatives of the intended beneficiary and not to non-relatives.
Let's say that John made a will and left his house to his sister, Mary. However, Mary died before John. Without an anti-lapse statute, the gift would lapse, and the house would be distributed according to John's will. But with an anti-lapse statute, Mary's children would inherit the house instead of it being distributed according to John's will.
Anti-lapse statutes vary from state to state. For example, in New York, the anti-lapse statute only applies to siblings and descendants of the testator. In Missouri, the anti-lapse statute applies to any blood or adopted relative.
It's important to note that anti-lapse statutes only apply if the intended beneficiary has relatives covered by the statute. If the intended beneficiary has no living relatives, the gift will still lapse.
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