Anti-Lapse, Applied
Lapse occurs when a beneficiary does not survive the testator and the will does not have any further instructions for the disposition of the testamentary gifts made to that beneficiary.

Anti-lapse is a system used to distribute this property, but is only applied when the deceased beneficiary was the testator's:
1. Issue.
2. Sibling.
3. Niece.
4. Nephew.

Failed gifts to any other person, such as a parent, are not subject to the anti-lapse system.

However, even if the deceased beneficiary is within one of these four categories, the anti-lapse system is not applied if the failed gift will otherwise pass to the testator's spouse or issue.

When anti-lapse is applied, the failed gift is divided among the deceased beneficiary's issue, on a per stirpes basis.  Any failed gift that cannot be given according to the anti-lapse system is made a part of the testator's residuary estate.  Note, however, that the application of Pennsylvania's anti-lapse system is not mandatory and can be controlled by a will.

See: Gifts, General Distribution; Gifts, Insufficient Assets