A leaves his property "to my own nearest relations", the relations forming the direct and independent…
Section 93 says a gift to the "heirs", "relations" or "nearest relations" of a person, without qualifying terms, is distributed as if the property had belonged to that…
Choose your answer
A leaves his property "to my own nearest relations", the relations forming the direct and independent object of the gift. To whom does the property go?
Answer and explanation
Correct answer A
Section 93 says a gift to the "heirs", "relations" or "nearest relations" of a person, without qualifying terms, is distributed as if the property had belonged to that person and he had died intestate. Illustration (i) to section 93 states that the property goes to those entitled "if A had died intestate, leaving assets for the payment of his debts independently of such property". The gift is not void for vagueness, because the law of intestacy fixes the class.