IHTM12084 - Succession: Wills: Legacies and devises: Lapse (England, Wales and Northern Ireland)

Lapse occurs when a gift made in a Will fails because of the death of the legatee or devisee in the testator바카라 사이트™s (IHTM12001) lifetime. Where the legacy or devise is anything other than residue, that property will normally fall into residue.

If a gift of residue lapses, the property devolves as it would on intestacy (IHTM12101).

There are exceptions to the rule. The most common are where

  • a gift in a Will to a child or remoter issue of the testator or testatrix (IHTM12001) will not lapse if the dead beneficiary leaves issue (children) who are alive at the testator바카라 사이트™s death (in England & Wales, the Wills Act/ S33 as amended by the Administration of Justice Act 1982/ S19; in Northern Ireland, article 22 of the Wills and Administration Proceedings (NI) Order 1994). This does not apply where the gift is a life interest.
  • the testator or testatrix makes substitutory provisions in the Will. For example a gift to 바카라 사이트˜such of my children as are alive at my death바카라 사이트™ will clearly benefit surviving children and not the issue of any predeceasing child.