| Commentary

177 Subsequent impracticability

| Commentary

177 Subsequent impracticability

In those cases where the impracticability comes to light only when the gift has taken effect in possession, and it was not, or would not have been, clear that it was impracticable at the time of the testator’s death, it is known as ‘subsequent’ rather than ‘initial’ failure (or impracticability). There is no lapse, and the appropriate solution is to apply for a scheme1.

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