Failure of gifts—lapse


Published by a ½Û×ÓÊÓƵ Private Client expert
Practice notes

Failure of gifts—lapse


Published by a ½Û×ÓÊÓƵ Private Client expert

Practice notes
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There are a number of reasons why a gift may fail, including where a gift has lapsed. For further guidance on the various reasons for the failure of a testamentary gift, see Practice Note: Failure of gifts—effects. This Practice Note considers the doctrine of lapse in more detail.

Nature of lapse

To benefit under a Will, a Beneficiary must survive the testator. A Legacy is said to have lapsed and will fall into residue:

  1. •

    if the beneficiary dies before the testator

  2. •

    if the beneficiary dies before a Condition precedent to the vesting of the legacy is satisfied

Testamentary gifts may be said to have lapsed for other reasons, eg the witnessing of a Will by a beneficiary or the disclaimer of the gift by the beneficiary.

A testator cannot exclude the application of the doctrine of lapse by including a clause in the Will to the effect that the gift will not lapse. However, a testator may ensure that a particular beneficiary or their estate will receive the gift whether or not the beneficiary survives by providing

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Jurisdiction(s):
United Kingdom
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Key definition:
Beneficiary definition
What does Beneficiary mean?

A person who has a interest'>beneficial interest in property under a trust.

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