Property is bequeathed to A for life, and after his death "to B or his heirs". A and B both survive the…
Under section 96 the first-named legatee takes only if he is alive "at the time when it takes effect", and here the gift over takes effect at A's death. Illustration (vi) to…
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Property is bequeathed to A for life, and after his death "to B or his heirs". A and B both survive the testator, but B dies in A's lifetime. Who takes on A's death?
Answer and explanation
Correct answer C
Under section 96 the first-named legatee takes only if he is alive "at the time when it takes effect", and here the gift over takes effect at A's death. Illustration (vi) to section 96 says that since B died in A's lifetime, "upon A's death the bequest to the heirs of B takes effect". The legacy does not pass through B's estate or fall into the residue.