An estate is bequeathed to A for life, and after his death to B if B is then living, but if not, to C.…
Illustration (iv) to section 120 says "Upon the death of B, C acquires a vested right to obtain possession of the estate upon A's death." C's gift depended on B's not being…
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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 not, to C. A, B and C survive the testator. B then dies while A and C are alive. What is C's position?
Answer and explanation
Correct answer A
Illustration (iv) to section 120 says "Upon the death of B, C acquires a vested right to obtain possession of the estate upon A's death." C's gift depended on B's not being alive at A's death; once B dies in A's lifetime, that event is certain. C's interest vests at once, though possession still waits for A's death.