Property is bequeathed "to A or his heirs". A survives the testator. What does A take?
Section 96 gives the legacy to the first-named legatee if he is alive when it takes effect. Illustration (iv) to section 96 says that where property is given to A or his…
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Property is bequeathed "to A or his heirs". A survives the testator. What does A take?
Answer and explanation
Correct answer A
Section 96 gives the legacy to the first-named legatee if he is alive when it takes effect. Illustration (iv) to section 96 says that where property is given to A or his heirs and A survives the testator, "A takes the property absolutely". The words "or his heirs" are an alternative gift that never operates, not words cutting A down to a life interest.