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A bequest is made "to A or to B". A dies after the date of the will but before the testator. What…

Under section 96, if the first-named legatee is dead when the legacy takes effect, "the person or class of persons named in the second branch of the alternative shall take…

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A bequest is made "to A or to B". A dies after the date of the will but before the testator. What happens to the legacy?

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Correct answer B

Under section 96, if the first-named legatee is dead when the legacy takes effect, "the person or class of persons named in the second branch of the alternative shall take the legacy". Illustration (ii) to section 96 confirms that where A dies before the testator, "the legacy goes to B". The alternative gift prevents a lapse into the residue.

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