When the Beneficiary Predeceases: A Primer on Ohio’s Wills and Trusts Antilapse Statutes

Document Type

Article

Publication Date

2017

Abstract

In this article, Alan Newman offers a focused analysis of Ohio’s antilapse statutes, which determine the distribution of testamentary gifts when a named beneficiary predeceases the testator. Newman explains the historical and policy underpinnings of antilapse laws, then closely examines how Ohio’s statutes apply to wills and trusts, highlighting distinctions between the two. The article discusses the conditions under which antilapse provisions operate, the types of relatives who may benefit, and how courts interpret the testator's intent to override or invoke statutory defaults. Through clear examples and statutory interpretation, Newman provides a practical guide for estate planners and probate practitioners, emphasizing the importance of precise drafting to avoid unintended lapses or distributions.

Publication Title

Probate Law Journal of Ohio

Volume

27

First Page

4

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