What effect does an anti-lapse provision typically have on a decedent’s will?

Study for the Ontario Estates Law Exam. Prepare with expertly crafted questions and detailed explanations. Enhance your understanding of estates law and boost your confidence before the exam.

An anti-lapse provision in a will serves to ensure that if a beneficiary predeceases the testator (the person who made the will), the bequest does not fail and instead automatically passes to that beneficiary’s descendants, usually children. This provision is particularly relevant as it helps to maintain the testator’s intentions regarding the distribution of their estate, as it avoids the potential complications that arise when a named beneficiary is no longer alive to receive their share.

When an anti-lapse provision is in place, it effectively substitutes alternate beneficiaries for those who have died before the testator. This means that the testator’s wishes regarding who should inherit are preserved, extending the benefits of the bequest to the next generation rather than allowing the gift to revert back to the estate or be distributed in a manner that might not have aligned with the testator's intentions.

The other choices do not accurately describe the function of an anti-lapse provision, as it specifically deals with the continuity of beneficiary designations rather than impacting estate taxes, the overall method of distribution in general terms, or affecting the total value of the estate.

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