What is a requirement for the anti-lapse statute to apply?

The correct answer highlights a key aspect of the anti-lapse statute, which is designed to prevent a will from failing when a beneficiary dies before the testator. The anti-lapse statute typically applies when a deceased beneficiary is a close relative of the testator, such as a grandchild or a descendant of the testator. This ensures that the intended gift does not go to the estate but instead passes to the descendant, reflecting the testator’s likely intent to benefit family members even if one dies before them.

The statute's rationale is rooted in the family connection and the presumption that the testator would have wanted the gift to pass to the family line rather than revert to the estate. This focus on grandchild or descendant status aligns with most jurisdictions' interpretations of the anti-lapse statute, further solidifying the importance of family ties in bequests.

In light of the other options, the requirement is not strictly that the deceased beneficiary be a sibling of the testator, nor does it depend on the beneficiary having no living descendants. Additionally, the status of having recently received a gift does not influence the applicability of the anti-lapse statute. The focus is firmly on the family connection, particularly regarding descendants, which is why the answer emphasizing the deceased