The testator bequeaths the residue of his estate to A, B and C, to be equally divided between them. A…
Section 108 states: "Where a share which lapses is a part of the general residue bequeathed by the Will, that share shall go as undisposed of." The Illustration to section…
Choose your answer
The testator bequeaths the residue of his estate to A, B and C, to be equally divided between them. A dies before the testator. What happens to A's one-third share of the residue?
Answer and explanation
Correct answer B
Section 108 states: "Where a share which lapses is a part of the general residue bequeathed by the Will, that share shall go as undisposed of." The Illustration to section 108 applies this to A's one-third of the residue. There is no further residue for the lapsed share to fall into, and B and C keep only their own shares.