Which statute provides for substitute beneficiaries to prevent a lapsed gift?

Prepare for the Delaware Wills and Trusts Test. Utilize flashcards and multiple-choice queries, with each question offering hints and clarifications to help you excel in your exam!

The anti-lapse statute is designed to address situations where a gift in a will lapses, which typically occurs when a beneficiary predeceases the testator (the individual who has made the will). This statute allows for substitute beneficiaries to step in and receive the intended gift, often extending the benefit to the descendants of the deceased beneficiary.

The rationale behind the anti-lapse statute is to honor the testator's intentions and to prevent the estate from being divided in ways that the testator did not wish, preserving the overall distribution plan as much as possible. In essence, it ensures that the testator's gifts will not fail solely because a beneficiary is no longer alive at the time the estate is settled.

The other options, while they sound plausible and could be seen as addressing gift transfers or estate distribution, do not hold specific legal significance in Delaware or serve the same purpose as the anti-lapse statute. The anti-lapse statute is specifically oriented to mitigate the impact of a lapsed gift and maintain continuity in the distribution of an estate.

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