Since a Will does not take effect until the death of the testator, a gift will lapse or void when the beneficiary has predeceased the testator and that gift will be included in the residuary assets in a Will as stated in Section 19 of Wills Act 1959. This means that the lapsed gift shall then be included in the residuary assets of the testator and be dealt with in accordance with the residuary estate clause. If there is no residuary estate clause in a Will, the residuary estate goes on to intestacy and be distributed under the Distribution Act 1958.
However, based on Section 25 of the Wills Act 1959, such gifts shall not lapse if the beneficiary being the testator’s child or descendants, dies leaving issues (A person’s issues refers to his/her children, grandchildren, and all lineal descendants).
