Also known as: lapsed devise · failed devise · lapsed devises · failed devises · lapse · failed bequest
Written by attorneys · grounded in primary & secondary sources — see below
A testamentary gift that does not take effect because the intended beneficiary predeceases the testator or because a condition for the gift is not satisfied.
Select any source to read its text and confirm it supports the definition.
Lucas Lee executes a will leaving his farm to Leonard Lowe if Lowe accepts the gift within six months of the testator's death. Lowe receives the will copy but waits nine months before responding. The devise lapses because the specified period for acceptance has passed.
Lamar Lewis devises a parcel to Layla Lane on the condition that she enter and use the land within one year of his death. Lane delays her entry until fourteen months later. The devise fails when the time restriction on the consent expires.
Lucia Lopez places her estate in a revocable trust and devises the residue to the trust. She revokes the trust two years before dying without updating her will. The residuary devise lapses under the governing statute.
Leah Lamb devises her home to her niece provided the niece maintains the property for five years after the testator's death. The niece abandons the property after three years. The devise fails when the required period of maintenance lapses.
Loyal Insurance's founder leaves a specific bequest to a predeceased cousin with no alternative taker named in the will. The cousin's death causes the bequest to lapse and the property passes under the residuary clause.
Lotus Pharmaceuticals' owner devises stock to a friend on condition the friend prevents third-party interference with the company. After eight years the duty shifts to the company's board. The original devise fails when the friend's obligation lapses.
The devise lapses unless an antilapse statute or alternative devise in the will directs the property elsewhere.
Yes. Under the Uniform Probate Code a revocation or termination of the trust before the testator's death causes the devise to lapse unless the will provides otherwise.
A residuary clause operates as an alternative devise only if the will specifically states that a lapsed nonresiduary devise passes under the residue.
…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…