An estate is bequeathed to A with a proviso that if A disputes the testator's competency to make a…
Illustration (ii) to section 131 holds that "The estate goes to B". Section 131 permits a bequest with a condition super-added that on a specified uncertain event the thing…
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An estate is bequeathed to A with a proviso that if A disputes the testator's competency to make a will, the estate shall go to B. A disputes the testator's competency. Who is entitled to the estate?
Answer and explanation
Correct answer A
Illustration (ii) to section 131 holds that "The estate goes to B". Section 131 permits a bequest with a condition super-added that on a specified uncertain event the thing shall go to another person. A's challenge to the testator's competency is such an event, and the Act does not treat this proviso as void.