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]