What type of interest do heirs have under an anti-lapse statute after the simultaneous death of two individuals?

Heirs have an undivided half interest under an anti-lapse statute after the simultaneous death of two individuals. An anti-lapse statute is designed to prevent a gift from lapsing—that is, becoming void—when a beneficiary predeceases the testator. Instead, the statute allows the deceased beneficiary's heirs to inherit the gift.

In the context of simultaneous death, when two individuals die at the same time and it's unclear who predeceased the other, the law treats each individual as if they survived the other for purposes of applying the anti-lapse rule. Consequently, the heirs of the deceased beneficiary thus receive their share as an undivided interest, which means they share the right to the entire property or gift, rather than being assigned fractioned portions or different types of interests that would limit their rights.

This principle supports the idea that, since both deceased individuals were to receive and pass on property, their heirs equally take a collective share without any division into separate or fractional parts. This ensures that the heirs of both individuals maintain a fair claim to the inheritance, consistent with the intentions often expressed in wills or trusts, which aim to provide for family continuity. The undivided interest signifies that all heirs are co-owners of the