Jurisdiction(s):
United Kingdom

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Key definition

Lapse definition

What does Lapse mean? Lapse describes the automatic expiry or failure of a right, interest, gift or contract when a required payment, act or time limit is missed, or when a fixed duration ends. It is a general legal expression rather than a single statutory term; legislation and case law set consequences in particular contexts. Insurance: a policy lapses when cover ends for non-payment of premiums after any contractual grace period. From the lapse date, no benefits are payable unless the policy is reinstated under its terms (typically on payment of arrears, interest and, for life cover, evidence of insurability). Some policies with...

Failure of testamentary gifts: causes, non-failure scenarios, consequences for residue/intestacy, and acceleration (England and Wales)

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Practice notes

When drafting a Will, it is vital to anticipate as many practical scenarios as possible, ensuring the legacies set out can operate exactly as the testator intended them to. Even a carefully prepared Will can encounter situations where, in practice, a testamentary gift does not ultimately take effect.

Reasons a gift may fail

There are numerous different routes and circumstances by which a legacy can fail. Some of the more frequent grounds for failure are noted below.

Failure to survive the testator: the doctrine of lapse

If a named beneficiary dies before the testator, the legacy to that person lapses and therefore is ineffective. In addition, a Will may stipulate that a beneficiary must outlive the testator by a stated minimum period of time, and if they do not meet that timeframe, the gift then fails. On intestacy, the statutory rule requires a surviving spouse or civil partner to live for 28 days after the deceased dies. A gift to children or more remote issue of the deceased who do not survive may potentially be preserved by section 33(1) of the Wills Act 1837 (WA 1837), unless the Will expressly shows a contrary intention (for further guidance on WA 1837,...

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Web page updated on 21/05/2026

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