Lapse and anti-lapse

Question 1

Antilapse statute

Answer 1

If a testator devises a gift to a person in his will and the devisee predeceases the testator, the anti-lapse statute will allow the gift to pass on to the devisee’s descendants rather than force the gift to pass through intestacy.

Question 2

Antilapse statute APPLIES if:

Answer 2

Deceased devisee was either a grandparent of the testator or a descendant of a grandparent of the testator

Question 3

Antilapse statute does NOT apply if:

Answer 3

Testator indicates contrary intent in will

Will provision includes survivorship language even though it fails to name an alternate taker

Question 4

Antilapse and FL

Answer 4

One applies to wills, and one to trusts

Must survive to take under a trust under FL law; under common law didn’t have to survive

The reason there is one for wills and one for trusts is because for trusts don’t have to go through grandparents; otherwise they are similar

Question 5

Antilapse and UPC

Answer 5

UPC has 3 antilapse statutes

One that applies to wills, one to trusts, and one to everything else

Question 6

Lapse

Answer 6

If UNRELATED devisee predeceases testator, devise lapses UNLESS will indicates intention to substitute another devisee

Lapse means that the gift FAILS