Property is bequeathed to A for his life, then to A's eldest son for life, and after that son's death…
Illustration (i) to section 113 holds that "The bequest to A's eldest son for his life is void." A gift to a person not in existence at the testator's death, made subject to…
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Property is bequeathed to A for his life, then to A's eldest son for life, and after that son's death to his eldest son. A has no son at the testator's death. What is the status of the bequest to A's eldest son for his life?
Answer and explanation
Correct answer C
Illustration (i) to section 113 holds that "The bequest to A's eldest son for his life is void." A gift to a person not in existence at the testator's death, made subject to a prior bequest, is void unless it comprises "the whole of the remaining interest" of the testator. A life interest to an unborn son falls short of that, so the possibility of birth during A's life does not save it.