A bequeaths a sum of money to B for life and directs that on B's death the fund be settled on B's…
Illustration (iv) to section 113 holds that "The direction to settle the fund upon the daughters of B is void." The only gift to the daughters is a life interest to persons…
Choose your answer
A bequeaths a sum of money to B for life and directs that on B's death the fund be settled on B's daughters, each daughter to have her portion for life and then for her children. B has no daughter living at the testator's death. What is the legal position?
Answer and explanation
Correct answer A
Illustration (iv) to section 113 holds that "The direction to settle the fund upon the daughters of B is void." The only gift to the daughters is a life interest to persons not yet born, which is less than the whole remaining interest of the testator. The fact that B may later have daughters is exactly what section 113 does not allow to save the gift.