A makes a bequest in favour of the child with which a certain woman, not married to him, is pregnant at…
Illustration (viii) to section 100 states that a bequest to the child of which a woman not married to the testator is pregnant is void. Section 99 does treat a child in the…
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A makes a bequest in favour of the child with which a certain woman, not married to him, is pregnant at the date of the will. What is the effect of the bequest?
Answer and explanation
Correct answer A
Illustration (viii) to section 100 states that a bequest to the child of which a woman not married to the testator is pregnant is void. Section 99 does treat a child in the womb who is later born alive as covered by relationship words, but section 100 still requires a reputation acquired at the date of the will where the relative is not legitimate. An unborn child cannot yet have that reputation.