Will Anti-Lapse and Substitute Gifts in Connecticut

Short answer Connecticut substitutes the issue of a deceased will beneficiary who was the testator's child, stepchild, grandchild, brother or sister, if the beneficiary died before the testator and the will made no provision for that contingency. A separate statute sends certain failed specific real-property devises to the will's residue. (Conn. Gen. Stat. §§ 45a-441, 45a-442.)
State
Connecticut
Statute checked
October 5, 2026
Sources
3 statutes

At a glance

Instruments and gifts coveredWill devise or bequest; separate Trust Code covers express testamentary and inter vivos trusts (§§ 45a-441, 45a-499b(a)).
Which devisees qualifyDevisee or legatee must be testator’s child, stepchild, grandchild, brother or sister (§ 45a-441).
Death or failure triggerNamed beneficiary dies before testator; § 45a-441 does not distinguish death before will execution.
Descendant survival periodIssue of deceased beneficiary take; § 45a-441 states no fixed hour or day period.
Who takes and howDeceased beneficiary’s issue take the devised or bequeathed estate (§ 45a-441).
Class giftsSection 45a-441 speaks of a devisee or legatee without a separate class-gift test; apply its named conditions to the gift.
Failed gift and residueFailed specific real-property devise under post-1947 will enters residue absent another provision, subject to substitution (§ 45a-442).
Contrary intent and survival wordsA will provision for the beneficiary’s death contingency displaces statutory substitution (§ 45a-441).
Alternative gifts and appointmentsWill’s provision for the contingency governs before § 45a-441 substitution.
Trust and nonprobate reachExpress testamentary and inter vivos trusts fall under separate Trust Code scope (§ 45a-499b(a)).

Requirements one by one

Who qualifies and what passes

Under § 45a-441, the deceased devisee or legatee must be the testator's child, stepchild, grandchild, brother or sister. If that person dies before the testator and the will made no provision for that event, the person's issue take the devised or bequeathed estate. The statute states the substitute recipients as “the issue of such devisee or legatee”; it does not add an hour count or a share formula.

Failed specific real-property devises

Under § 45a-442, a specific devise of real property in a will executed after October 1, 1947, can pass into the residue if it fails and the will has no provision for that contingency. This fallback is subject to the § 45a-441 substitute-gift rule. Its text is limited to that gift type and execution-date condition.

Trust boundary

The separate § 45a-499b(a) puts express testamentary and inter vivos trusts within the Trust Code's scope. A gift under a trust therefore needs examination under the trust's own terms and governing trust provisions before assigning a substitute recipient.

What trips people up

Section 45a-441 lists specific relationships; being a relative in general is not the stated test. It also makes the will's provision for the beneficiary's death contingency decisive. These are separate questions from whether the deceased person left issue.

Common questions

Does a stepchild qualify? Yes. Section 45a-441 names a stepchild of the testator explicitly.

Does every failed gift automatically pass to the residue? Section 45a-442 expressly addresses a failed specific real-property devise under a will executed after October 1, 1947, and makes that fallback subject to the substitute-gift rule and any will provision for the contingency.

Statutes and sources

  • Conn. Gen. Stat. §§ 45a-441, 45a-442 and 45a-499b(a). The source fields above contain verbatim official excerpts, chapter URLs and access dates.

Source links

Every statute quoted above, linked, with the date we checked it.

Conn. Gen. Stat. § 45a-441 · accessed 2026-10-05
Conn. Gen. Stat. § 45a-442 · accessed 2026-10-05
Conn. Gen. Stat. § 45a-499b(a) · accessed 2026-10-05
This page gives general information about statutory substitute-gift rules, not advice about a particular will or beneficiary. The instrument's words, other law, and the facts can affect the result. Check current official law and consult a licensed adviser before acting.

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