Will Anti-Lapse and Substitute Gifts in Kansas

Short answer Kansas generally gives a predeceased will beneficiary's gift to issue who survive the testator if the beneficiary was the testator's spouse or a relative by lineal descent or within the sixth degree, by blood or adoption. The issue receive the same estate the beneficiary would have received, unless the will makes or requires a different disposition. (Kan. Stat. Ann. § 59-615.)
State
Kansas
Statute checked
October 5, 2026
Sources
3 statutes

At a glance

Instruments and gifts coveredDevise or bequest under a will (§ 59-615(a)).
Which devisees qualifySpouse or relative by lineal descent or within sixth degree, by blood or adoption (§ 59-615(a)).
Death or failure triggerCovered devisee or legatee dies before testator, leaving surviving issue (§ 59-615(a)).
Descendant survival periodIssue must survive testator; no fixed hour count in § 59-615(a).
Who takes and howSurviving issue take the same estate the deceased beneficiary would have taken (§ 59-615(a)).
Class giftsCovered spouse or relative in a devise or bequest follows § 59-615(a)'s relationship and survival conditions.
Failed gift and residueCovered gift passes to surviving issue; § 59-615(a) directs no separate destination for an uncovered failed gift.
Contrary intent and survival wordsDifferent disposition made or required by will overrides substitution (§ 59-615(a)).
Alternative gifts and appointmentsWill can make or require a different disposition; § 59-615(a) addresses devises and bequests.
Trust and nonprobate reachWill-construction rules apply to trust terms and property as appropriate (§ 58a-112).

Requirements one by one

Covered beneficiaries and issue

Under § 59-615(a), the deceased devisee or legatee must be the testator's spouse or a relative by lineal descent or within the sixth degree, by blood or adoption. The beneficiary must die before the testator and leave issue who survive the testator. The substitute issue take the same estate the beneficiary would have taken. The subsection gives no fixed extra survival-hour requirement.

Under § 59-615(b), “issue” means offspring, progeny or lineal descendants by blood or adoption in any degree. It also supplies that definition for a will executed on or after July 1, 1973, unless that will specifically says otherwise.

The will's different disposition and trusts

The statutory substitution yields when a different disposition is made or required by the will (§ 59-615(a)). This is a question about the will's actual terms, including any alternative gift; the statute does not declare a particular survival phrase decisive.

Under § 58a-112, will-construction rules apply to trust terms and disposition of trust property as appropriate. That provision does not by itself decide whether substitute issue take a particular trust interest.

What trips people up

The statute covers the spouse as well as qualifying relatives, and “issue” can include adopted descendants in any degree. Check both the beneficiary's relationship to the testator and whether a qualifying descendant survived the testator before applying the default gift.

Common questions

Does a grandchild of the deceased beneficiary count as issue? Section 59-615(b) includes lineal descendants “in whatever degree,” whether by blood or adoption.

Does the statute say to divide the gift equally among all surviving issue? Section 59-615(a) says the issue take the same estate the deceased beneficiary would have taken; it does not prescribe equal shares in that sentence.

Statutes and sources

  • Kan. Stat. Ann. §§ 59-615 and 58a-112. The source fields above contain verbatim excerpts, official section URLs, and access dates.

Source links

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

Kan. Stat. Ann. § 59-615(a) · accessed 2026-10-05
Kan. Stat. Ann. § 59-615(b) · accessed 2026-10-05
Kan. Stat. Ann. § 58a-112 · 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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