A bequest is made "to A or to B". A survives the testator. Who takes the legacy?
Section 96 says that in a bequest in the alternative the legatee first named "shall be entitled to the legacy if he is alive at the time when it takes effect". Illustration…
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A bequest is made "to A or to B". A survives the testator. Who takes the legacy?
Answer and explanation
Correct answer A
Section 96 says that in a bequest in the alternative the legatee first named "shall be entitled to the legacy if he is alive at the time when it takes effect". Illustration (i) to section 96 states: "A survives the testator. B takes nothing." The second branch operates only if the first legatee is dead when the gift takes effect.