Interesting case involving Anti-Lapse Statute

Mike Sandner and John Clough recently worked together to obtain a decision of first impression in the State of Ohio.  The issue presented to Mike and John by the client was to what extent she would be allowed to share in a relative’s estate.  The unique factual circumstance in the case was that the deceased family member had passed on March 22, 2012, which is the same date a new version of Ohio’s Anti-Lapse Statute, O.R.C. §2107.52, went into effect.  The purpose of the Anti-Lapse Statute is to prevent a gift to an individual who does not survive the testator, from lapsing, or failing, unless there is specific language to negate that effect in the will.  The effect of the anti-lapse statute is that it allows children or other descendants of a beneficiary who doesn’t survive the Testator, to receive that portion of the bequest.  Here, the client was the only surviving member of any of the named beneficiaries, and but for the argument that the anti-lapse statute applied, thus entitling the client to the distribution, the remaining portion of the estate would have been distributed by law to a much wider pool of distant relatives.

The decision can be viewed at the attached link:  Anti-lapse Statute Case


AUTHOR: Mike Sandner

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