The Supreme Judicial Court (SJC) has refined the application of the anti-lapse statute, a crucial aspect of estate law aimed at preserving gifts to beneficiaries’ heirs when they predecease the decedent. A recent case involving the will of Heather Hossack, prepared by a Connecticut attorney not licensed in Massachusetts, sheds light on the importance of clarity in estate planning.
Heather Hossack’s 2016 will stipulated a trust for her mother, Ethel Wyman, provided Wyman outlived her. However, when Wyman passed away in 2018 followed by Hossack’s unexpected demise a year later, ambiguity emerged regarding the fate of the trust funds since Wyman predeceased Hossack. The dispute arose between Heather’s brother and Wyman’s heir, and Thomas Gibney, Heather’s friend and caretaker, to whom the residuary estate was bequeathed.
The Probate Court deliberated on the matter, ultimately ruling that the anti-lapse statute did not apply in this scenario, thus awarding the funds to Gibney. This decision was upheld by the SJC, emphasizing Heather’s explicit language in the will indicating her consideration of the possibility of Wyman predeceasing her. The language that Hossack used in the will “if she survives me” indicated that she had the foresight to consider that fact, and therefore the gift does lapse.
The key lesson from this case is the importance of precision in estate planning. Engaging a seasoned attorney, like those at PK Boston Law, ensures that intentions are clearly articulated to avoid ambiguity and potential litigation. Diligent documentation can serve as a safeguard against future disputes, underscoring the value of professional legal assistance in crafting comprehensive estate plans.