Will Anti-Lapse and Substitute Gifts in Illinois

Short answer Unless the will expressly provides otherwise, Illinois gives the descendants of a deceased legatee who was a descendant of the testator a present or future legacy when it takes effect in possession or enjoyment. Living members generally receive a deceased class member's share, but a deceased class member who was the testator's descendant is replaced by that member's then-living descendants. Other legacies that lapse because the legatee died before the testator generally enter the residue. (755 ILCS 5/4-11.)
State
Illinois
Statute checked
October 4, 2026
Sources
4 statutes

At a glance

Instruments and gifts coveredWill legacies of present or future interests; future interest vested before enjoyment is excepted from substitution clauses (755 ILCS 5/4-11).
Which devisees qualifyIndividual legatee or deceased class member must be testator's descendant for descendant substitution (755 ILCS 5/4-11(a)–(b)).
Death or failure triggerDescendant legatee/class member dies before or after testator, before possession or enjoyment; other pretestator death may lapse (755 ILCS 5/4-11).
Descendant survival periodSubstitute descendants must be living when legacy takes effect in possession or enjoyment; no fixed-hour count in § 4-11.
Who takes and howLiving descendants of deceased descendant legatee or class member take that share per stirpes (755 ILCS 5/4-11(a)–(b)).
Class giftsLiving class members take dead member's share; if dead member was testator's descendant, that member's then-living descendants take per stirpes (755 ILCS 5/4-11(b)).
Failed gift and residueOther legacy lapsed by pretestator death joins residue; failed residuary share passes to remaining residuary legatees proportionally (755 ILCS 5/4-11(c)).
Contrary intent and survival wordsTestator may expressly provide otherwise in will; vested future interest before enjoyment excluded from clauses (a)–(b) (755 ILCS 5/4-11).
Alternative gifts and appointmentsExpress will terms can alter § 4-11; its text addresses legacies, without resolving separate appointment outcomes.
Trust and nonprobate reach§ 4-11 speaks to will legacies; it does not determine succession under a separate trust or nonprobate designation.

Requirements one by one

A deceased descendant's legacy

Under 755 ILCS 5/4-11(a), a legacy of a present or future interest to the testator's descendant can be replaced even if that legatee dies after the testator. The deceased legatee's descendants must be living when the legacy takes effect in possession or enjoyment; they take per stirpes. The final sentence of § 4-11 removes a future interest from this substitution rule if it is or becomes indefeasibly vested before possession or enjoyment.

A class gift

Under § 4-11(b), surviving class members ordinarily take a dead class member's share at possession or enjoyment. If the dead member was a descendant of the testator, that member's then-living descendants take the share per stirpes instead. The same vested-future-interest limit applies to this class rule.

A lapsed gift and the residue

Under § 4-11(c), another legacy that lapses because the legatee died before the testator enters the will's residue. If it is or becomes part of the residue, the remaining residuary legatees take in proportions corresponding to their interests there.

What trips people up

The timing for substitute descendants is when the legacy takes effect in possession or enjoyment, which may be after the testator's death. The result also changes if a future interest vested indefeasibly before that point (§ 4-11). The testator can expressly provide a different rule in the will.

Common questions

Can descendants take when the named legatee dies after the testator? Yes, for a covered legacy to the testator's descendant if § 4-11(a)'s possession or enjoyment and vesting conditions are met.

What happens if a deceased class member was not the testator's descendant? Under § 4-11(b), the living members of that class take the deceased member's share when the legacy takes effect in possession or enjoyment, unless the will expressly provides otherwise.

Statutes and sources

  • 755 ILCS 5/4-11. The source fields above provide verbatim excerpts, an official section URL and access dates.

Source links

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

755 ILCS 5/4-11(a) · accessed 2026-10-04
755 ILCS 5/4-11(b) · accessed 2026-10-04
755 ILCS 5/4-11(c) · accessed 2026-10-04
755 ILCS 5/4-11 (final sentence) · accessed 2026-10-04
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.

What does Illinois law mean for your facts?

You just read the general rule. Ask your own question and see which parts of current Illinois law apply to your situation, with citations you can check.

Opens in Ezel Pro.

  • Starts from the statutes this survey is built on
  • Cites every source it relies on, so you can verify it
  • Chat, drafting and research in one workspace