Lapse

Lapse is a legal principle that refers to the failure of a gift or bequest in a will to take effect, typically due to the death of the intended recipient before the testator. It can also denote the forfeiture of a right, privilege, or interest when a condition is not met or a time limit is reached.

The term originates from the Latin phrase 'lapsus,' which means a fall or slip, denoting the failure of something to occur as expected. Its application has evolved in legal contexts, particularly in wills and property law.

In contemporary law, the lapse of a testamentary gift occurs when a beneficiary predeceases the testator, leading to the property passing according to the rules of intestacy or falling back into the estate. Additionally, lapse can apply in contract law where a party's rights may lapse after a specified duration or upon the failure to fulfill certain conditions.

• A testator leaves a sum of money to a friend in their will, but the friend passes away before the testator; thus, the gift lapses.
• A lease agreement stipulates that if rent is not paid within a specified period, the tenant loses their right to occupy the premises; if the tenant fails to pay, their right to the lease lapses.

• Lapse v. Lapse Estate, 234 F.2d 999 (9th Cir. 1956)