Also known as: lapse doctrine · anti-lapse doctrine · doctrine of lapse · anti-lapse statute · lapse · anti-lapse
Written by attorneys · grounded in primary & secondary sources — see below
A pair of related rules in wills law addressing the effect of a beneficiary predeceasing the testator. The doctrine of lapse provides that a gift fails when the beneficiary dies before the testator and the property passes instead under the residuary clause or by intestacy. The anti-lapse doctrine substitutes the beneficiary's surviving descendants in place of the predeceasing beneficiary to carry out the likely intent of the testator.
Thomas Tate's will leaves his cabin to his friend Frank Foster. Foster dies two years before Tate. Because no anti-lapse statute applies, the gift lapses and the cabin passes under the residuary clause to Tate's daughter.
Elena Estes's will gives her jewelry to her daughter Dana. Dana predeceases Estes but leaves two children. The anti-lapse statute substitutes Dana's children, so the jewelry passes to them rather than lapsing.
Daniel Diaz's will devises his estate to the trustee of an inter vivos trust he created. Before his death Diaz revokes the trust. The devise lapses because the trust no longer exists at Diaz's death and the property passes by intestacy or the residuary clause.
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Victor Vale's will leaves his farm to his brother Ben. Ben dies before Victor and has no surviving descendants. The gift lapses and the farm passes by intestacy to Victor's heirs.
Dominic Drake's will leaves his house to his brother or, if the brother does not survive, to the brother's children. The brother predeceases Drake. The alternative devise takes effect and the house passes to the brother's children rather than lapsing into the residue.
Wanda West's will leaves her art collection to her niece Nora but states that no anti-lapse statute shall apply. Nora predeceases Wanda. The gift lapses despite Nora's surviving children and falls into the residue.
Under the doctrine of lapse the gift fails and the property passes under the residuary clause or by intestacy unless an anti-lapse statute applies.
The statute substitutes the predeceasing beneficiary's surviving descendants for the beneficiary so the gift does not fail.
Yes. The will may expressly provide an alternative disposition that prevents the anti-lapse statute from operating.
…real estate, bank accounts, and other earmarked funds, typically provides as a condition precedent to the escheat an appropriate lapse of time and the provision of adequate notice to make sure that the property may fairly be treated as abandoned.[^maj-13] Similarly, interpleader proceedings in District Court provide…