A legacy is bequeathed to A "when and if he attains the age of 18, and, in case of his death, to B". A…
Illustration (iii) to section 124 holds that once A attains 18, "The Legacy to B does not take effect". Under section 124 the death on which B's gift depends must occur…
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A legacy is bequeathed to A "when and if he attains the age of 18, and, in case of his death, to B". A attains 18 and dies some years later. What is the position?
Answer and explanation
Correct answer C
Illustration (iii) to section 124 holds that once A attains 18, "The Legacy to B does not take effect". Under section 124 the death on which B's gift depends must occur before the time of payment, which here is A's reaching 18. After that A holds the legacy absolutely, and his later death does not pass it to B.