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Legal Definitions - lapsed devise

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Definition of lapsed devise

A lapsed devise is a gift of property made in a will that fails because the person who was supposed to receive it has died before the person who made the will. This means that the property will not go to anyone and will instead become part of the deceased person's estate.

For example, if a person makes a will leaving their house to their sister, but the sister dies before the person making the will, the gift of the house will lapse and the house will become part of the person's estate.

Lapsed devises can also be called failed devises or failed gifts.

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Simple Definition

A lapsed devise is when someone tries to give property to someone else in their will, but the person who was supposed to get it dies before the person who wrote the will. This means the gift doesn't happen and the property goes to someone else or to the estate. A devise can be anything, like land or money, that someone wants to give away in their will. Sometimes people use different words like "bequeath" for giving away things that aren't land. In the past, people used the word "devise" for everything.
lapse statute | lapsed legacy Read a random term: concurrent consideration

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