How does the anti-lapse statute work when a will beneficiary predeceases the decedent and leaves children? - Pennsylvania
The Short Answer
In Pennsylvania, an “anti-lapse” rule can keep a gift from failing when a named beneficiary dies before the person who made the will, allowing the deceased beneficiary’s descendants (often children) to take instead—but only if the statute applies and the will does not show a contrary intent. Whether the children inherit, and in what shares, depends on the beneficiary’s relationship to the person creating the gift and the exact wording of the estate plan.
What Pennsylvania Law Says
Anti-lapse rules are designed to prevent an unintended “lapse” (failure) of a gift when the intended recipient dies first. Under Pennsylvania law, the anti-lapse concept generally applies only when the deceased beneficiary is within certain family relationships and leaves surviving “issue” (descendants). If it applies, the deceased beneficiary’s share typically passes down the family line rather than being treated as if the beneficiary never existed.
The Statute
The primary law governing this issue (as provided in the reference materials) is 20 Pa.C.S. § 7605.
This statute establishes that, unless the instrument shows a contrary intent, certain gifts do not fail when the recipient is not living at the time the gift becomes effective; instead, the deceased recipient’s property passes per stirpes to the recipient’s surviving issue (descendants), if the statute’s relationship and survivorship conditions are met.
Why You Should Speak with an Attorney
While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:
- Strict Deadlines: Estate administration and creditor-claim timing can affect distributions and leverage in disputes; Pennsylvania law addresses limitations issues for claims against a decedent’s estate. See, e.g., 20 Pa.C.S. § 3383.
- Burden of Proof: Whether the will shows a “contrary intent” (meaning the decedent intended the gift to fail if the beneficiary died first) can turn on precise language, surrounding provisions (like survivorship clauses), and how the gift is structured (specific vs. residuary).
- Exceptions: Anti-lapse rules may not apply to every beneficiary or every type of transfer, and different rules can apply to survivorship designations and near-simultaneous deaths. See, for example, Pennsylvania’s survivorship-related provisions at 20 Pa.C.S. § 8502.
Trying to handle this alone can lead to misinterpretation of the will, incorrect per stirpes calculations, or a distribution that triggers objections and litigation in Orphans’ Court. A probate attorney can review the will’s language, confirm whether anti-lapse applies, and protect the executor/personal representative from avoidable liability.
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Disclaimer: This article provides general information under Pennsylvania law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.