Anti Lapse

The Anti Lapse doctrine prevents a gift in a will from failing if the intended beneficiary predeceases the testator. Instead, the gift may pass to the beneficiary's descendants, thereby preserving the testator's intent and ensuring that the property does not go to the state.

The concept of Anti Lapse originates from English common law, evolving in response to the complexities of inheritance laws. It was developed to prevent unintended disinheritance of the descendants of a deceased beneficiary.

In modern law, the Anti Lapse statute is applicable in many jurisdictions, providing that if a beneficiary named in a will dies before the testator, their share can pass to their children or heirs. This principle supports the testator's intent and enhances the stability of property rights within families.

• If a father leaves an inheritance to his son, but the son dies before the father, typically under Anti Lapse, the inheritance would pass to the son's children rather than lapsing into the estate.
• In a will where a testator names their brother as a beneficiary, should the brother pass away before the testator, his share of the estate may automatically transfer to the brother’s children.

• Estate of McCarthy v. McCarthy