anti-lapse statute


anti-lapse statute
Legislation enacted in most jurisdictions to provide for the testamentary passing of property to heirs and next of kin of the designated legatee or devisee if he dies before the testator, thus preventing a lapse of the legacy and the passing of such property through intestacy to the heirs and next of kin of the testator

Black's law dictionary. . 1990.

Look at other dictionaries:

  • anti–lapse statute — an·ti–lapse statute /ˌan ˌtī laps , ˌan tē / n: a statute providing that in the event a person who would have received a gift under a will dies before the person who made the will dies then the gift is distributed to the heirs of the person who… …   Law dictionary

  • anti-lapse statute — n. A law that provides for the heirs of a devisee to inherit the devisee’s share of an inheritance if the devisee dies before the testator, instead of allowing the bequest to lapse as it would have under common law; e.g., if a mother dies before… …   Law dictionary

  • anti-lapse statute — A statute intended to prevent the lapse of a legacy or devise by providing, in effect, that, in the event of the death of the legatee or devisee prior to the testator, the legacy or devise shall not lapse but shall take effect as if the death of… …   Ballentine's law dictionary

  • Lapse and anti-lapse — are complementary concepts under the law of wills, which address the disposition of property that is willed to someone who dies before the testator (the writer of the will).LapseLapse is a common law rule that if the person to whom property is… …   Wikipedia

  • anti-lapse — adjective Of or relating to a statute that abrogates the common law rule that if the person to whom property is willed were to die before the testator, then the gift would be ineffective …   Wiktionary

  • lapse — 1 / laps/ n: a termination or failure due to events, neglect, or time: as a: the failure of a bequest (as because the intended recipient dies before the testator) compare anti lapse statute b: the termination of an insurance policy because of… …   Law dictionary

  • lapse — I To glide; to pass slowly, silently, or by degrees. To slip; to deviate from the proper path. To fall or fail. Life & Casualty Ins. Co. of Tennessee v. Wheeler, 265 Ky. 269, 96 S.W.2d 753, 755. See also expiration termination II The termination… …   Black's law dictionary

  • legacy — A disposition of personalty by will. A bequest. In a technical sense and strictly construed, legacy is a gift or bequest by will of personal property, whereas a devise is a testamentary disposition of real estate, but such distinction will not be …   Black's law dictionary

  • legacy — A disposition of personalty by will. A bequest. In a technical sense and strictly construed, legacy is a gift or bequest by will of personal property, whereas a devise is a testamentary disposition of real estate, but such distinction will not be …   Black's law dictionary

  • Totten trust — A Totten trust (also referred to as a Payable on Death account) is a form of trust created where one party (the settlor of the trust) places money in a bank account or security with instructions that upon the settlor s death, whatever is in that… …   Wikipedia


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