However, I am still concerned that the basic rule as it relates to lapsed gifts appears to be that the gift fails ab initio and falls into residue. This would mean that the provision simply does not have effect, and the gift over to the remainderman also then cannot take effect because the property has passed into residue. The Wills Act S25 appears to be authority for this. It seems to me that lapse is a different matter from , for example, disclaimer, which clearly does accelerate the gift over. Is “lapse” not different from “failure”? Williams on Wills appears to make a distinction.
Quality Solicitors Howlett Clarke