Larry Hunt Quoted in Massachusetts Lawyers Weekly: SJC Narrows Interpretation of Anti-lapse Statute

Excerpted from the April 16, 2024 edition of Massachusetts Lawyers Weekly

The Massachusetts Supreme Judicial Court ruled that “a will provision leaving cash assets to the testator’s mother ‘if she survives me’ lapsed when the mother predeceased her.” Under the anti-lapse statute, G.L.c. 190B, §2-603, if a devisee who is a grandparent, parent, or issue of the testator predeceases the testator, the devise falls to the issue of the deceased devisee.

In her March 2016 will, Heather Hossack left cash assets from a bank account to her 85-year-old mother, Ethel Wyman, if she survived Heather. Ethel died in 2018 and Heather unexpectedly died a year later. 

Heather’s will did not specify what would happen if her mother died first, so a dispute arose over whether defendant John Hassock, Heather’s brother, was entitled to the cash assets under the anti-lapse statute — or did the assets fall to the “residuary estate” that was left to plaintiff Thomas Gibney, Heather’s friend and caretaker.

In a declaratory action brought by Gibney, a Probate Court judge determined, and the SJC affirmed, that the statute did not, in fact, apply, and thus the assets should go to Gibney. Pierce Atwood trusts and estates partner Lawrence D. Hunt said, “the decision makes practical sense but also highlights how words can be interpreted differently depending on context.”

In this case, he said, “the language used in the will seemed consistent with general drafting norms in Massachusetts to defeat the anti-lapse statute. I would take the broader implication to be that these cases always revolve around facts and circumstances, and while conditioning a bequest on survivorship would appear to defeat the anti-lapse statute, language is always open to interpretation and challenge.”

Larry also emphasized that the court did not rely solely on the words “if she survives me” in making its decision; it also relied on Wyman’s age and the will’s lack of “per stirpes” language regarding Wyman’s devise while employing such language elsewhere.

Larry went on to note, “I would take the broader implication to be that these cases always revolve around facts and circumstances, and while conditioning a bequest on survivorship would appear to defeat the anti-lapse statute, language is always open to interpretation and challenge.”

The complete article by Eric Berkman can be found online in the April 16, 2024 issue of Massachusetts Lawyers Weekly.

Pierce Atwood trusts and estates partner Larry Hunt counsels clients throughout the estate planning process, educating and guiding them through the various options that address their unique circumstances in order to realize their goals of transferring their wealth and values to the next generation.