A fund is bequeathed to A for life, and after his death to B, C, D and all other children of A who…
Illustration (ii) to section 115 says that naming B, C and D "does not prevent the bequest from being regarded as a bequest to a class", yet "it is not wholly void." It…
Choose your answer
A fund is bequeathed to A for life, and after his death to B, C, D and all other children of A who attain the age of 25. B, C and D are A's children living at the testator's death. Which statement about the bequest is correct?
Answer and explanation
Correct answer D
Illustration (ii) to section 115 says that naming B, C and D "does not prevent the bequest from being regarded as a bequest to a class", yet "it is not wholly void." It operates for any of B, C or D who reaches 25 within 18 years after A's death. Section 115 cuts out only the members the perpetuity rule reaches, not the whole class.