Will Anti-Lapse and Substitute Gifts in Vermont

Short answer If a will gift is made to the testator's child or other kindred and that beneficiary dies before the testator, descendants who survive the testator take the gift unless the will requires a different disposition. Vermont separately deems a beneficiary who fails to survive the decedent by 120 hours to have predeceased the decedent, subject to the will and the statute's escheat exception. (14 V.S.A. §§ 335, 337.)
State
Vermont
Statute checked
October 5, 2026
Sources
3 statutes

At a glance

Instruments and gifts coveredTestamentary gift to a child or other kindred (§ 335).
Which devisees qualifyTestator's child or other kindred (§ 335).
Death or failure triggerDesignated beneficiary dies before testator; 120-hour failure is deemed predecease for taking under a will (§§ 335, 337).
Descendant survival periodDescendants survive testator; 120-hour will-beneficiary default unless will provides otherwise or escheat exception applies (§§ 335, 337).
Who takes and howSurviving descendants take what the named beneficiary would have taken; no separate split formula stated (§ 335).
Class giftsTestamentary-gift rule; § 335 gives no separate class-member formula.
Failed gift and residueSubstitution applies to a testamentary gift; property not effectively disposed of by will passes by intestacy (§§ 335, 301(a)).
Contrary intent and survival wordsA different disposition required by the will controls; will may alter the 120-hour rule (§§ 335, 337).
Alternative gifts and appointmentsDifferent will disposition controls; § 335 supplies no separate appointment or alternative-gift formula.
Trust and nonprobate reach§ 335 addresses testamentary gifts; it states no trust or nonprobate extension.

Requirements one by one

Protected beneficiary and substitute takers

§ 335 applies when a testamentary gift is made to the testator's child or other kindred and the designated beneficiary dies before the testator. The beneficiary must leave at least one descendant who survives the testator. Those descendants take the gift the beneficiary would have taken if alive. The section does not prescribe a separate method for splitting that gift among multiple descendants or for determining class membership.

Survival and a different will disposition

§ 337 generally treats an individual who does not outlive the decedent by 120 hours as having predeceased the decedent when taking under the will. Survival for that period must be established by clear and convincing evidence. The will can provide otherwise, and the section does not apply if it would produce escheat. Section 335 also yields when the will requires a different disposition.

Failed property outside an effective will gift

For property the will does not effectively dispose of, § 301(a) directs intestate succession to the decedent's heirs, subject to the will's modifications. That fallback does not itself decide whether a particular residuary or alternative gift is effective.

What trips people up

The statute protects a child or other kindred, not every named beneficiary (§ 335). The separate 120-hour rule can affect whether the named beneficiary or a substitute descendant is treated as surviving; its will and escheat exceptions matter (§ 337).

Common questions

Does the statute name a substitute if the beneficiary leaves no descendant who survives the testator? Section 335 requires at least one such descendant; § 301(a) supplies the fallback for estate property not effectively disposed of by will.

Does an ordinary trust or beneficiary designation receive this substitute gift? Section 335 speaks of a testamentary gift. It does not state a trust or nonprobate extension.

Statutes and sources

  • 14 V.S.A. §§ 301, 335 and 337. Verbatim official excerpts, the chapter URL, and access dates appear in the source fields above.

Source links

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

14 V.S.A. § 335 · accessed 2026-10-05
14 V.S.A. § 337 · accessed 2026-10-05
14 V.S.A. § 301 · 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 Vermont law mean for your facts?

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