Property is bequeathed "to A or his nearest of kin". A dies in the lifetime of the testator. What…
Under section 96, if the first-named legatee is dead when the legacy takes effect, the person or class in the second branch of the alternative takes it. Illustration (v) to…
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Property is bequeathed "to A or his nearest of kin". A dies in the lifetime of the testator. What happens on the testator's death?
Answer and explanation
Correct answer A
Under section 96, if the first-named legatee is dead when the legacy takes effect, the person or class in the second branch of the alternative takes it. Illustration (v) to section 96 says that "upon the death of the testator, the bequest to A's nearest of kin takes effect". The alternative gift saves the legacy from lapse, and A's kin take under the testator's will rather than through A's estate.