An estate is bequeathed to A for life, and after his death to B if B is then living, but if B is not…
Illustration (iii) to section 120 holds that "B and C each take a contingent interest in the estate until the event which is to vest it in one or in the other has happened."…
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An estate is bequeathed to A for life, and after his death to B if B is then living, but if B is not then living, to C. A, B and C survive the testator. What interests do B and C take?
Answer and explanation
Correct answer D
Illustration (iii) to section 120 holds that "B and C each take a contingent interest in the estate until the event which is to vest it in one or in the other has happened." B's gift depends on his surviving A, and C's on B's not surviving A, which are both uncertain events. Neither interest vests while A is alive and both are living.