Are class gifts to issue subject to the anti-lapse statute?

• A. No; class gifts to issue are not subject to anti-lapse and are governed by EPTL 2-1.2.
• B. Yes; class gifts to issue are subject to anti-lapse.
• C. They are subject only if the issue is a descendant.
• D. They are void if the beneficiary predeceases.

Answer: (A)

The key idea is how New York handles gifts that are made to a class versus gifts to a specific individual. The anti-lapse statute is designed to prevent a bequest from failing if the named beneficiary dies before the testator, by allowing that beneficiary’s issue to take the gift in place of the beneficiary. But when a gift is framed as a class gift—especially one that includes “issue” of a person—New York’s rules for class gifts take over. Such gifts are governed by the class-gift provisions in EPTL 2-1.2, which already provide how the class is to be divided and how the shares pass when a member dies. In that context, the distribution within the class is handled by the class rules rather than by anti-lapse. So class gifts to issue are not subject to the anti-lapse statute; they operate under the class-gift framework of EPTL 2-1.2.