lapse of gift

lapse of gift
the failure of a testamentary gift as a result of the death of the beneficiary in the testator's lifetime; also, in the case of a gift to a spouse, failure of the gift as a result of the annulment or dissolution of marriage. '. . . the word "lapse" is, in an appropriate context, perfectly apt to cover the happening of any event in a testator's lifetime that prevents the intended legate from being entitled to the legacy, and thus to mean nothing more than "fail".' – per Slade L.J. in Re Sinclair (decd) [1985] 1 All ER 1066 at 1070.

Collins dictionary of law. . 2001.

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  • lapse — 1 / laps/ n: a termination or failure due to events, neglect, or time: as a: the failure of a bequest (as because the intended recipient dies before the testator) compare anti lapse statute b: the termination of an insurance policy because of… …   Law dictionary

  • Lapse and anti-lapse — are complementary concepts under the law of wills, which address the disposition of property that is willed to someone who dies before the testator (the writer of the will).LapseLapse is a common law rule that if the person to whom property is… …   Wikipedia

  • lapse — I To glide; to pass slowly, silently, or by degrees. To slip; to deviate from the proper path. To fall or fail. Life & Casualty Ins. Co. of Tennessee v. Wheeler, 265 Ky. 269, 96 S.W.2d 753, 755. See also expiration termination II The termination… …   Black's law dictionary

  • lapse — I To glide; to pass slowly, silently, or by degrees. To slip; to deviate from the proper path. To fall or fail. Life & Casualty Ins. Co. of Tennessee v. Wheeler, 265 Ky. 269, 96 S.W.2d 753, 755. See also expiration termination II The termination… …   Black's law dictionary

  • anti–lapse statute — an·ti–lapse statute /ˌan ˌtī laps , ˌan tē / n: a statute providing that in the event a person who would have received a gift under a will dies before the person who made the will dies then the gift is distributed to the heirs of the person who… …   Law dictionary

  • anti-lapse — adjective Of or relating to a statute that abrogates the common law rule that if the person to whom property is willed were to die before the testator, then the gift would be ineffective …   Wiktionary

  • India — /in dee euh/, n. 1. Hindi, Bharat. a republic in S Asia: a union comprising 25 states and 7 union territories; formerly a British colony; gained independence Aug. 15, 1947; became a republic within the Commonwealth of Nations Jan. 26, 1950.… …   Universalium

  • Will (law) — Last Will redirects here. For the 2011 film, see Last Will (film). Wills, trusts …   Wikipedia

  • Purpose trust — Wills, trusts and estates …   Wikipedia

  • legacy — A disposition of personalty by will. A bequest. In a technical sense and strictly construed, legacy is a gift or bequest by will of personal property, whereas a devise is a testamentary disposition of real estate, but such distinction will not be …   Black's law dictionary

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