A bequeaths to B the interest of a fund for life, and directs that at her death the fund be divided…
Illustration (v) to section 131 holds that "The bequest over cannot take effect, but the interests of the children pass to their representatives". Each child had a vested…
Choose your answer
A bequeaths to B the interest of a fund for life, and directs that at her death the fund be divided equally among her three children, or such of them as are living at her death. All three children die in B's lifetime. What happens to the fund on B's death?
Answer and explanation
Correct answer D
Illustration (v) to section 131 holds that "The bequest over cannot take effect, but the interests of the children pass to their representatives". Each child had a vested share, liable to be divested only in favour of a sibling living at B's death. With no child surviving, there is no one to take by survivorship, so the vested shares are never divested.