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Home >> What is “Anti-Lapse” and Why is it Important?

What is “Anti-Lapse” and Why is it Important?

December 26, 2012 by Robert Kulas. Leave a Comment

In order to understand the importance of anti-lapse, you must know what it means to say that a testamentary gift has lapsed. When such a gift lapses, it means that ownership of the gift has failed to transfer because the gift’s beneficiary dies before the testator. Anti-lapse statutes prevent a testamentary gift from failing; in other words, when the person who was supposed to receive the gift (i.e., the beneficiary) dies before the person who wrote the will (i.e., the testator), these statutes keep the gift from lapsing.

What happens when a beneficiary predeceases the testator will depend on the type gift being made in the will. If the gift is being made from the residual estate, the jurisdiction’s intestacy statutes will determine what is to become of it. The residuary estate is that portion of the decedent’s estate that was not specifically named elsewhere within the will. Intestacy is the name for those situations where someone dies intestate (i.e., without a valid will). For example, Bob’s will states that his residual estate is to go to Charlie, Diane, and Ed, in equal shares; if Charlie dies before Bob, his one-third share of the residual estate will pass via the intestacy laws in that jurisdiction. Where it is a specific, demonstrative, or general gift that is being made, the usual course is for the gift to become part of the residual estate, unless the will states otherwise.

To find out how anti-lapse is applied in your jurisdiction, speak with an estate planning attorney.

Filed Under: Probate, Wills and Trusts Tagged With: inheritance planning, Probate, wills

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"Everyone treated us extremely well.  Robert explained how a trust works and the benefits of having one.  We decided to move forward and complete the process.  He was very kind and knowledgeable.  Julie was also very helpful and very patient with our questions.  We felt very comfortable with this firm handling our affairs.  We would highly recommend this firm to our friends and family."

Janice M
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Robert Kulas and staff made making a will an easy to understand process. They were very knowledgeable and attentive to my wishes. All my documents were provided in an organized binder which will be a great asset to my family. I would definitely recommend them.

Krissy L.
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I have worked with Mr. Kulas & staff before. And they are very professional. I am very satisfied with Mr. Kulas and his staff and give them the highest satisfaction and 5 star rating.

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Mr. Kulas and his staff have been extremely helpful & knowledgeable for the over 3 years we have been associated. They are easy to talk to and explain everything without feeling rushed. Very competent and professional.

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I have known Robert Kulas for 20 years since I was co-executor for friends who had Mr. Kulas prepare a Trust for them. When I felt I needed a trust also, I came to him. I have always been completed satisfied with his work and that of his charming, competent staff.

Joan C.
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We began our estate plan process in 2004 (12 years ago) and have been pleased with the periodic reviews we have gone through and when changes have been needed the firm has been thorough and professional in making those changes.

L.G.K.
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