Property is bequeathed to A for life, and after his death "to B or his heirs". B dies in the testator's…
Section 96 gives the legacy to the second branch of the alternative where the first-named legatee is dead when it takes effect. Illustration (vii) to section 96 says that…
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Property is bequeathed to A for life, and after his death "to B or his heirs". B dies in the testator's lifetime; A survives the testator. What is the position of the gift over?
Answer and explanation
Correct answer B
Section 96 gives the legacy to the second branch of the alternative where the first-named legatee is dead when it takes effect. Illustration (vii) to section 96 says that where B dies in the testator's lifetime and A survives, "upon A's death the bequest to the heirs of B takes effect". A keeps only his life interest, and the heirs of B wait until A dies.