Wills and Trusts Bar Practice Exam 2026 – Complete Prep Guide

The correct answer is that the bequest typically lapses if no provision is made in the will. In general, if a beneficiary dies before the testator and there is no alternate beneficiary designated in the will, the gift to that beneficiary lapses. This means that the deceased beneficiary's share of the estate does not go to their heirs or children unless the will explicitly states otherwise.

Many wills include clauses that address what happens when a beneficiary predeceases the testator, such as a substitution clause or a provision for descendants. If such provisions are absent and the beneficiary predeceases the testator, the bequest fails, and the property will typically be redistributed to the remaining beneficiaries according to the terms of the will or the laws of intestacy, if applicable.

Understanding this concept is crucial in wills and trusts law because it emphasizes the importance of clearly expressing intentions in estate planning documents, particularly related to the circumstances of beneficiary succession.