Anti-Lapse Statutes
Wills & Succession · Lesson 13
Anti-Lapse Statutes
這一課問的是：受贈人先於立遺囑人死亡時，反失效法是否拯救贈與？
ActorActObjectStandardConsequence
Core Terminology · 7 must-know
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anti-lapse
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Statute redirecting lapsed gift to deceased beneficiary's descendants.
反失效法。
statutory scope
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Often limited to certain relatives.
適用範圍。
default
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Applies absent contrary will provision.
默認。
substitute taker
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Descendant takes deceased beneficiary's share.
替代受贈人。
Rule Sentence · the workhorse
Anti-lapse statutes redirect a gift that would otherwise lapse — because the beneficiary predeceased the testator — to the deceased beneficiary's descendants, typically when the predeceased beneficiary was a specified relative of the testator.
Mini IRAC · build the Application
Issue. Does anti-lapse save a gift of $50,000 to T's brother B (predeceased T) when B is survived by a son S?
Rule. Anti-lapse statutes redirect lapsed gifts to descendants of beneficiaries who were specified relatives of the testator.
Application (model). T's will gave $50,000 to brother B; B predeceased T but is survived by son S. Because anti-lapse statutes typically apply to gifts to certain relatives of the testator (siblings included), the fact that B was T's brother and is survived by descendant S means the anti-lapse statute redirects the gift.
Pick the right element for each blank:
g1.
g2.
Conclusion. Therefore, S takes the $50,000 under the anti-lapse statute.
Practice Drill · tap to build the rule
Drop the chips here in correct order:
Tap chips to add → tap chips in the target to remove: