A fund is bequeathed to such of the children of A as attain the age of 18, with a direction that, while…
The Illustration to section 121 holds that "No child of A who is under the age of 18 has a vested interest in the bequest". Where a gift is made only to such members of a…
Choose your answer
A fund is bequeathed to such of the children of A as attain the age of 18, with a direction that, while any child is under 18, the income of the share he is presumed to take shall be applied for his maintenance and education. Does a child of A aged 12 have a vested interest?
Answer and explanation
Correct answer B
The Illustration to section 121 holds that "No child of A who is under the age of 18 has a vested interest in the bequest". Where a gift is made only to such members of a class as attain a particular age, a member below that age cannot have a vested interest. The direction for maintenance does not change this, because the class itself is defined by reaching 18.