What is meant by the term 'anti-lapse statute'?

The term 'anti-lapse statute' refers specifically to a law designed to preserve the intended gifts of a testator to a beneficiary's descendants when that beneficiary dies before the testator. Under such statutes, if a named beneficiary predeceases the person who made the will (the testator), the gift does not simply disappear; instead, it is passed down to the predeceased beneficiary's children or descendants. This principle is put in place to honor the testator's intent and to ensure that the gift reaches the appropriate heirs rather than becoming part of the residue of the testator's estate.

In many jurisdictions, including Georgia, these statutes are crucial because they help maintain family inheritances and prevent gifts from being lost due to the untimely death of a named beneficiary. It's a protective measure that reflects the understanding that a testator often wishes for their intended gifts to continue to benefit the family of the deceased beneficiary.

The other options do not capture the essence of what an anti-lapse statute is about. While they may relate to wills and estate planning in various ways, they do not specifically address the important function of preserving gifts for heirs when beneficiaries die before the testator.