43 CFR 30.500 – When does the anti-lapse provision apply?
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(a) The following table illustrates how the anti-lapse provision applies.
Terms Used In 43 CFR 30.500
- Lineal descendant: Direct descendant of the same ancestors.
- Per stirpes: The legal means by which the children of a decedent, upon the death of an ancestor at a level above that of the decedent, receive by right of representation the share of the ancestor
- Testator: A male person who leaves a will at death.
| If . . . | And . . . | Then . . . |
|---|---|---|
| A testator devises trust property to any of his or her grandparents or to the lineal descendant of a grandparent | The devisee dies before the testator, leaving lineal descendants | The lineal descendants take the right, title, or interest given by the will per stirpes. |
(b) For purposes of this section, relationship by adoption is equivalent to relationship by blood.