A sum of money is bequeathed to A and B, and if either dies during the life of C, then to the survivor…
Illustration (iv) to section 131 holds that "The gift over cannot take effect, but the representative of A takes one-half of the money, and the representative of B takes the…
Choose your answer
A sum of money is bequeathed to A and B, and if either dies during the life of C, then to the survivor living at C's death. A and B both die before C. How does the money go?
Answer and explanation
Correct answer C
Illustration (iv) to section 131 holds that "The gift over cannot take effect, but the representative of A takes one-half of the money, and the representative of B takes the other half". The gift over needed a survivor living at C's death, and there was none. Their vested shares are therefore never divested and pass to their representatives.