A has three children, B, C and D, of whom B and C are legitimate and D is illegitimate. He leaves his…
Under section 100, words expressing relationship denote legitimate relatives unless the will shows a contrary intention, and reputed relatives take only where there is no…
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A has three children, B, C and D, of whom B and C are legitimate and D is illegitimate. He leaves his property to be equally divided among "my children", and the will shows no contrary intention. Who takes?
Answer and explanation
Correct answer C
Under section 100, words expressing relationship denote legitimate relatives unless the will shows a contrary intention, and reputed relatives take only where there is no legitimate relative. Illustration (i) to section 100 holds that "the property belongs to B and C in equal shares, to the exclusion of D". Since legitimate children exist, the reputed child is not included.