Site navigation

A legacy is given simply "to A and B", with no words of severance. A dies before the testator. What…

Section 106 states: "If a legacy is given to two persons jointly, and one of them dies before the testator, the other legatee takes the whole." The Illustration to section…

Choose your answer

A legacy is given simply "to A and B", with no words of severance. A dies before the testator. What happens to the legacy?

Select one answer
Answer and explanation

Correct answer D

Section 106 states: "If a legacy is given to two persons jointly, and one of them dies before the testator, the other legatee takes the whole." The Illustration to section 106 applies this: "A dies before the testator. B takes the legacy." Because the gift is joint, no share is set apart for A that could lapse.

Find practice for your exam

Related questions in this topic