A sum of money is bequeathed to A for her life, and after her death to the children of B. At the…
The Exception to section 111 applies because the children's possession is deferred by A's life interest. The property then goes to the members of the class alive when…
Choose your answer
A sum of money is bequeathed to A for her life, and after her death to the children of B. At the testator's death B has two children, C and D; later two more, E and F, are born. C and E die in A's lifetime, C leaving a will and E leaving none. A dies, survived by D and F. How is the legacy divided?
Answer and explanation
Correct answer D
The Exception to section 111 applies because the children's possession is deferred by A's life interest. The property then goes to the members of the class alive when possession falls in and to the representatives of those who died after the testator. Illustration (iii) to section 111 divides the legacy "into four equal parts", one each to C's executor, D, E's administrator and F; children born after the testator's death but before A's death are included.