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Lapse

A gift that fails because the beneficiary died before the testator.

Draft — pending review. This page has been prepared but has not yet been reviewed by a Canadian estates lawyer or a qualified scholar. Treat it as a starting point for questions, not as advice you should act on.

A gift that fails because the beneficiary died before the testator.

In Islamic law

Faraid resolves this differently: entitlement is determined by who is alive at the moment of death, and the shares recalculate around the surviving heirs.

In Canadian law

Anti-lapse provisions in provincial legislation may redirect the gift to the deceased beneficiary's children instead of letting it fall into residue. The rules vary by province.

Across the madhahib

No significant difference between the four Sunni schools is recorded on this point in the sources reviewed. Where a specific case turns on it, ask a qualified scholar rather than relying on a general summary.

Canadian legal detail

Treadstone Law, an Ontario firm with a wills and estates practice, covers the Canadian side of this in more depth:

Important

This entry is general information, not legal or religious advice. Inheritance turns on the exact family circumstances. Confirm Canadian law with a lawyer in your province, and any religious ruling with a qualified scholar.