Property is bequeathed to A for life, and after A's death to B and C, "to be equally divided between…
Illustration (ii) to section 125 says "At A's death the legacy goes to C". Under section 125, where the period of survivorship is not stated, the legacy goes to those alive…
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Property is bequeathed to A for life, and after A's death to B and C, "to be equally divided between them, or to the survivor of them". B dies during A's life; C survives A. Who takes on A's death?
Answer and explanation
Correct answer B
Illustration (ii) to section 125 says "At A's death the legacy goes to C". Under section 125, where the period of survivorship is not stated, the legacy goes to those alive at the time of distribution. Distribution takes place at A's death, and only C is then living.