ANTILAPSE STATUTE

antilapse  statute.Wills  &  estates.  A  statute  that  substitutes  certain  heirs  of  some  types  of

testamentary benefi-ciaries when the beneficiary has predeceased the testator and permits them to

take the gift, which would otherwise fail and thus pass to the residuary beneficiary (if any) or to

the intestate heirs. • Under the common law and the laws of all states, a testamentary beneficiary

must survive a testator or else the gift is said to lapse. Although most states have enacted antilapse

statutes, their terms vary from state to state. — Also termed lapse statute; nonlapse statute. [Cases:

Wills    774–777. C.J.S. Wills §§ 1791–1808.] [Blacks Law 8th]