Anti-Lapse Statute

An Anti-Lapse Statute is a legal provision that prevents a gift in a will or trust from failing if the intended beneficiary predeceases the testator (the person who made the will). Instead of the gift lapsing, meaning it would become void and not be distributed, the statute allows the gift to pass to the descendants of the deceased beneficiary.

In most jurisdictions, including Texas, the Anti-Lapse Statute applies automatically to certain situations. For instance, if a grandparent leaves a bequest to a grandchild, and that grandchild dies before the grandparent, the statute typically allows the gift to pass to the deceased grandchild’s children (the great-grandchildren). This ensures that the testator’s intent to benefit family members is honored, even if the primary beneficiary is no longer alive.

It’s important to note that the specifics of the Anti-Lapse Statute can vary by state. In Texas, Texas Estates Code Section 255.003 outlines the application of the anti-lapse rule, including the conditions under which it applies and the exceptions that may be present. Understanding these nuances is crucial for effective estate planning to ensure that assets are distributed according to the testator’s wishes.