ANTILAPSE STATUTE

A savings statute in trusts and estates law where a will that grants property to an heir who dies before the will maker will not result in the invalidation of the gift by default of law. If a gift was made to 2 brothers and one predeceases the maker of the will, the gift can be invalidated as a result of default operation of the law. Some statutes will save the intention of the maker of the will by allowing the portion of the gift to the heir to pass, such as to the heir’s issue.