Lapse Prevention Clause (Per Stirpes) (ON)

Summary

This lapse prevention clause directs that the legacy payable to the named beneficiary, if he/she/they predecease(s) the testator, be paid to his/her/their issue in equal shares per stirpes and distributed accordingly. This clause includes practical guidance and drafting notes. Where the named beneficiary has predeceased the testator, the bequest to that beneficiary will lapse, and the specific legacy to the named individual will fall into the residue of the estate, unless a contrary intention is found in the will. A solicitor should always consider whether the will should contain a gift-over provision to cover the possibility of the beneficiary predeceasing the testator. In the case of residuary gifts, it is advisable to always include such provisions. A gift-over provision is essentially the testator’s substitute instruction as to what they would like to have happen with the gift or other portion of the estate plan should the intended beneficiary predecease them. If a gift-over ...