Site navigation

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?

Select one answer
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.

Find practice for your exam

Related questions in this topic