Case Law Update: Lapse
The testator’s will defined his “residuary estate” to include “lapsed gifts.” The will made specific gifts to the testator’s two children both of whom predeceased leaving issue who survived the testator. The residuary beneficiary was the testator’s spouse. The spouse petitioned for a construction of the will and the probate court found the Texas anti-lapse statute applied to the devises to the children.
In Lacis v. Lacis, 355 S.W.3d 727 (Tex. App. 2011), the intermediate appellate court reversed, holding that the inclusion of “lapsed gifts” in the definition of the residuary estate was sufficient to prevent the application of the anti-lapse statute.
Special thanks to William P. LaPiana (Rita and Joseph Solomon Professor of Wills, Trusts,and Estates, New York Law School) for bringing this case law update to my attention.