A makes a bequest in favour of his child by a certain woman who is not his wife. At the date of the…
Section 100 allows relationship words to denote a reputed relative where the will shows that intention or no legitimate relative answers the description, provided the…
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A makes a bequest in favour of his child by a certain woman who is not his wife. At the date of the will B had acquired the reputation of being A's child by that woman. What is the effect of the bequest?
Answer and explanation
Correct answer A
Section 100 allows relationship words to denote a reputed relative where the will shows that intention or no legitimate relative answers the description, provided the reputation existed at the date of the will. Illustration (vi) to section 100 says that since B had acquired that reputation when the will was made, "B takes the legacy". Contrast a gift to a child not yet born or conceived of such a woman, which is void.