A bequest is made "to A or to B", but A is already dead at the date of the will. Does A's death before…
Section 96 asks only whether the first-named legatee is alive "at the time when it takes effect", that is, at the testator's death. Illustration (iii) to section 96 states:…
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A bequest is made "to A or to B", but A is already dead at the date of the will. Does A's death before the will was made affect the gift?
Answer and explanation
Correct answer B
Section 96 asks only whether the first-named legatee is alive "at the time when it takes effect", that is, at the testator's death. Illustration (iii) to section 96 states: "A is dead at the date of the Will. The legacy goes to B." It makes no difference whether A died before or after the will was made.