Delve into the the doctrine of lapse, under which a gift fails if a beneficiary dies before the testator, as well as anti-lapse statutes that will save a gift to certain beneficiaries in some circumstances.
A beneficiary of a testamentary gift may pass away after the testator executes his or her will. If the testator does not republish the will by codicil, what happens to the deceased beneficiary’s gift? Today, you’ll be learning about lapse and anti-lapse.
In our discussion, we’ll introduce the doctrine of lapse before talking about anti-lapse. We’ll cover both individual gifts and class gifts. By the end, you’ll have learned what happens to a testamentary gift when the beneficiary predeceases...