Trusts and Estates

The doctrine of lapse and section 33 of the Wills Act 1837

Burns v Bean [2021] EWHC 838 (Ch)

In general terms, where a beneficiary of a will dies before the testator and there is no substitute beneficiary named in the will, the gift shall lapse. An important exception, however, to the doctrine of lapse is contained in s33 of the Wills Act 1837.

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