S.C. Code Ann. § 62-7-113 – Anti-lapse provision in trust | Midpage
§ 62-7-113
S.C. Code Ann. § 62-7-113
Anti-lapse provision in trust
(A) If the beneficiary under a revocable inter vivos trust, who is a great-grandparent or a lineal descendant of a great-grandparent of the trust creator, is dead at the time of execution of the trust, fails to survive the trust creator, or is treated as if he predeceased the trust creator, the issue of the deceased beneficiary who survived the trust creator take in place of the deceased beneficiary and if they are all of the same degree of kinship to the beneficiary they take equally, but if of unequal degree then those of more remote degree take by representation. One who would have been a beneficiary under a class gift if he had survived the trust creator is treated as a beneficiary for purposes of this section whether his death occurred before or after the execution of the trust.
(B) Except as provided in subsection (A), if the disposition of any real or personal property under a revocable inter vivos trust fails for any reason, this property becomes a part of the residue of the trust.
(C) Except as provided in subsection (A), if the residue under a revocable inter vivos trust is distributed to two or more persons and the share of one of the residuary beneficiaries fails for any reason, his share passes to the other residuary beneficiary or to other residuary beneficiaries in proportion to their interests in the residue.