A sum of money is bequeathed to A for life, and after A's death to B, but if B is then dead leaving a…
Illustration (iii) to section 131 says "B takes a vested interest in the legacy, subject to be divested if he dies leaving a son in A's lifetime". The gift to B is not…
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A sum of money is bequeathed to A for life, and after A's death to B, but if B is then dead leaving a son, that son is to stand in B's place. What is B's interest at the testator's death?
Answer and explanation
Correct answer D
Illustration (iii) to section 131 says "B takes a vested interest in the legacy, subject to be divested if he dies leaving a son in A's lifetime". The gift to B is not conditional on his surviving A; the substitution of B's son is a condition super-added under section 131. B's interest therefore vests at the testator's death and can be divested only in that event.