Legal Question in Wills and Trusts in Illinois

It could go either way--it depends on how the will is worded.

Illinois has an anti-lapse statute which means that if the beneficiary is your child and your child predeceases you with descendants (i.e. grandchildren) and you have made no provision in your will for a contingent beneficiary then your child's descendants take his share.

But it is much better to be clear in your drafting than to rely on this rule. If, for example, you said in your will "to my children in equal shares" and nothing more, then the anti-lapse rule would have no application. The Deceased child's share would go to the other members of the class "children."

It may sound self-serving, and I suppose it is, but drafting these documents that take effect at death is much too complicated to attempt on your own.

www.legacylaws.com