Kansas Statutes Annotated

K.S.A. § 59-615 (2026)

Devise or bequest to spouse or relative who predeceases testator; "issue" defined

✓ current as of May 2026

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59-615. Devise or bequest to spouse or relative who predeceases testator; "issue" defined. (a) If a devise or bequest is made to a spouse or to any relative by lineal descent or within the sixth degree, whether by blood or adoption, and such spouse or relative dies before the testator, leaving issue who survive the testator, such issue shall take the same estate which said devisee or legatee would have taken if he or she had survived, unless a different disposition is made or required by the will.

(b) As used in this section or as used in any will executed on or after July 1, 1973, unless the provisions of such will specifically provide to the contrary, the term "issue" means offspring, progeny or lineal descendants, by blood or adoption, in whatever degree.

History: L. 1939, ch. 180, § 51; L. 1968, ch. 339, § 1; L. 1969, ch. 279, § 1; L. 1970, ch. 226, § 1; L. 1973, ch. 230, § 1; July 1.

Notes of Decisions

Cited in 12 cases, 1973–2015 · leading case: Matter of Est. of Burcham, 811 P.2d 1208 (Kan. 1991).

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Matter of Est. of Burcham, 811 P.2d 1208 (Kan. 1991). · cites it 12× “Because she did not breach the contract and no vested remainder existed before her death, the interests of the named beneficiaries, who predeceased her, lapsed unless they were saved by the provisions of K.S.A. 59-615. Because Ray’s three nephews predeceased Maudie and were not…”

In Re Est. of Stroble, 636 P.2d 236 (Kan. Ct. App. 1981). · cites it 8× “: This is a dispute over the interpretation of a will and the application of the Kansas Anti-Lapse Statute (K.S.A. 59-615). The facts were stipulated by the parties in the district court and essentially are as follows: 1.”

In Re the Est. of Winslow, 934 P.2d 1001 (Kan. Ct. App. 1997). · cites it 3× “The district court ultimately found the will was unambiguous and the anti-lapse statute, K.S.A. 59-615, was inapplicable, and concluded Hugh’s interest in Mary’s estate had lapsed.”

In Re the Est. of Haneberg, 14 P.3d 1088 (Kan. 2000). “The anti-lapse statute found at K.S.A. 59-615 does not apply. The gift to Francis passes by intestacy.”

In Re Est. of Ricklefs, 508 P.2d 866 (Kan. 1973). · cites it 3× “) Kansas, like many if not most of its sister states, has addressed itself to this problem through the medium of it legislature, and the enactment of what is now K.S.A. 1970 Supp. 59-615 has been the end result.”

Bell v. Brittain, 880 P.2d 289 (Kan. Ct. App. 1994). “K.S.A. 59-615(a). Therefore, if the Howertons’ intent was to leave their estate to Ruby and then to her issue, a specific provision in case of lapse was not necessary.”

In Re the Est. of Duncan, 638 P.2d 992 (Kan. Ct. App. 1982). “contend that any remainder was not to vest in Maurice until the death of the survivor, that since Maurice predeceased his grandmother, the survivor, the devise lapsed, and that the applicable anti-lapse statute of Kansas, now K.S.A. 59-615, in effect at the time of George’s…”

In Re the Est. of Rickabaugh, 358 P.3d 859 (Kan. Ct. App. 2015). “K.S.A. 59-615(a). But Everett might have had an argument for taking through intestate succession based on lapse had Angella and Lisa died without children after turning 30 years old, since the will had no applicable residuary clause.”

In Re Est. of Van Der Veen, 935 P.2d 1042 (Kan. 1997). “Kansas’ anti-lapse statute, K.S.A. 59-615(a), provides, in part: “If a devise or bequest is made to .”

In Re Est. of Thompson, 518 P.2d 393 (Kan. 1974). “(K.S.A. 1972 Supp. 59-615 [a].) We shall not belabor the point.”

In re the Est. of Anderson, 865 P.2d 1037 (Kan. Ct. App. 1993). · cites it 2× “The parties argue at some length the question of whether the interests of the predeceased 1976 beneficiaries are protected by the Kansas anti-lapse statute (K.S.A. 59-615). We see no need for an extended discussion of this issue.”

In re Est. of Rickabaugh (Kan. Ct. App. 2015). “K.S.A. 59-615(a). But Everett might have had an argument for taking through intestate succession based on lapse had Angella and Lisa died without children after turning 30 years old, since the will had no applicable 9 residuary clause.”

— K.S.A. § 59-615(a) — 6 cases

Matter of Est. of Burcham, 811 P.2d 1208 (Kan. 1991). “Because she did not breach the contract and no vested remainder existed before her death, the interests of the named beneficiaries, who predeceased her, lapsed unless they were saved by the provisions of K.S.A. 59-615. Because Ray’s three nephews predeceased Maudie and were not…”

In Re Est. of Stroble, 636 P.2d 236 (Kan. Ct. App. 1981). “: This is a dispute over the interpretation of a will and the application of the Kansas Anti-Lapse Statute (K.S.A. 59-615). The facts were stipulated by the parties in the district court and essentially are as follows: 1.”

In Re Est. of Van Der Veen, 935 P.2d 1042 (Kan. 1997). “Kansas’ anti-lapse statute, K.S.A. 59-615(a), provides, in part: “If a devise or bequest is made to .”

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