A bequest is made to the "legal representatives" of A. A has died intestate and insolvent, and B is his…
Section 94 provides that a bequest to the "legal representatives" of a person is distributed "as if it had belonged to such person and he had died intestate in respect of…
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A bequest is made to the "legal representatives" of A. A has died intestate and insolvent, and B is his administrator. What is the position of B?
Answer and explanation
Correct answer B
Section 94 provides that a bequest to the "legal representatives" of a person is distributed "as if it had belonged to such person and he had died intestate in respect of it". The Illustration to section 94 says B is entitled to receive the legacy, applies it first to A's unpaid debts, and pays any surplus to those who would have taken A's property after his debts. The gift does not lapse, because the class of representatives is the object of the gift.