A leaves his property to B; but if B dies before him, to B's next-of-kin. B dies before A, leaving a…
The gift to B's next-of-kin is a substitute gift that takes effect because B died first, and section 93 distributes it as if the property had belonged to B and he had died…
Choose your answer
A leaves his property to B; but if B dies before him, to B's next-of-kin. B dies before A, leaving a will that gives everything to his friend F. How does A's property devolve?
Answer and explanation
Correct answer B
The gift to B's next-of-kin is a substitute gift that takes effect because B died first, and section 93 distributes it as if the property had belonged to B and he had died intestate. Illustration (iii) to section 93 says "the property devolves as if it had belonged to B, and he had died intestate". B's will is irrelevant because the next-of-kin take under A's will, not through B's estate.