Will Anti-Lapse and Substitute Gifts in Oklahoma

Short answer Oklahoma gives a gift left by will to a child or other relation of the testator to that beneficiary's lineal descendants if the beneficiary dies before the testator. The descendants receive the gift as the beneficiary would have, while a different substitute named in the will and class-gift timing can affect the result. Other ineffective gifts can pass under the will's real or personal property residue. (84 O.S. §§ 142, 166–167, 171, 177.)
State
Oklahoma
Statute checked
October 5, 2026
Sources
6 statutes

At a glance

Instruments and gifts coveredEstate devised or bequeathed by will to child or other relation (84 O.S. § 142).
Which devisees qualifyNamed devisee or legatee must be testator’s child or other relation (84 O.S. § 142).
Death or failure triggerBeneficiary dies before testator; separate § 178 preserves surviving remaindermen of a limited interest (84 O.S. §§ 142, 178).
Descendant survival periodDeceased beneficiary must leave lineal descendants; § 142 states no fixed hour or day period.
Who takes and howLineal descendants take the estate as the named beneficiary would have (84 O.S. § 142).
Class giftsClass includes those meeting its description at death, or before postponed possession (84 O.S. § 171).
Failed gift and residueIneffectively devised realty or bequeathed personalty passes under the corresponding residue clause (84 O.S. §§ 166–167, 177).
Contrary intent and survival wordsTestamentary intention to substitute another can govern a predeceased beneficiary’s gift (84 O.S. § 177).
Alternative gifts and appointmentsAn intended substitute named by the will can receive a predeceased beneficiary’s gift (84 O.S. § 177).
Trust and nonprobate reachSection 142 addresses an estate given by will; quoted will provisions do not determine a separate trust or nonprobate gift.

Requirements one by one

The deceased beneficiary and substitute descendants

Under 84 O.S. § 142, the named devisee or legatee must be the testator's child or other relation, and must die before the testator leaving lineal descendants. Those descendants take the devised or bequeathed estate in the same manner the named person would have taken it. The section states no fixed hour or day survival period and does not give a separate mathematical allocation among multiple descendants.

Class and remainder interests

Under § 171, a class counts those who meet its description at the testator's death; when possession is postponed, it also includes those who come within the description before that later time. That timing is distinct from the named-relative substitution in § 142.

Under § 178, remaindermen who survive the testator retain their interests even if the holder of an earlier limited interest died before the testator. For example, the death of a life-interest recipient does not itself eliminate a named remainder beneficiary who survives.

Other failed gifts

Under § 177, a testamentary disposition to a beneficiary who dies during the testator's life fails unless an intention appears to substitute another, subject to its stated exception. For property not otherwise effectively given by the will, § 166 includes real property under a residuary devise and § 167 includes personal property under a residuary bequest.

What trips people up

The class description in § 171 is tested at the testator's death or a later possession date, while § 142 concerns a predeceased named relative who left lineal descendants. Read the actual gift form before treating a deceased class member as a named devisee.

Common questions

Does this cover an unrelated friend? Section 142 uses “child or other relation of the testator.” Its substitute gift is tied to that relationship and the named person's lineal descendants.

What if a life-interest recipient dies first? Section 178 says that death does not defeat the interest of a remainderman who survives the testator.

Statutes and sources

  • 84 O.S. §§ 142, 166–167, 171, 177–178. The source fields above contain verbatim official excerpts, URLs and access dates.

Source links

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

84 O.S. § 142 · accessed 2026-10-05
84 O.S. § 166 · accessed 2026-10-05
84 O.S. § 167 · accessed 2026-10-05
84 O.S. § 171 · accessed 2026-10-05
84 O.S. § 177 · accessed 2026-10-05
84 O.S. § 178 · 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.

What does Oklahoma law mean for your facts?

You just read the general rule. Ask your own question and see which parts of current Oklahoma 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