What is the purpose of anti-lapse provisions in estate planning?

The purpose of anti-lapse provisions in estate planning is to ensure that gifts or bequests in a will do not become void or "lapse" when the intended beneficiary predeceases the testator. These provisions are particularly designed to protect the interests of certain relatives, such as children or grandchildren, ensuring that they inherit the gift as a substitute or take the gift in a manner that honors the original intent of the testator.

In many jurisdictions, including Ontario, anti-lapse statutes provide that if a beneficiary dies before the testator, the gift will instead go to the deceased beneficiary's descendants. This is crucial for preserving the family legacy and ensuring that wealth and assets continue to flow within the family line, even if individual members of that line pass away before the testator.

Understanding this function helps to clarify how estate planning can operate smoothly while taking into account the familial relationships that the testator wants to preserve.