A transfer instrument creates a life interest in favour of a living person and a subsequent interest…
Section 13 permits a transfer for the benefit of a person not yet in existence, subject to a prior interest created by the same transfer. The later interest takes effect…
Choose your answer
A transfer instrument creates a life interest in favour of a living person and a subsequent interest for the benefit of a person who is not yet in existence. Under section 13 of the Transfer of Property Act, 1882, what interest must the second disposition cover?
Answer and explanation
Correct answer A
Section 13 permits a transfer for the benefit of a person not yet in existence, subject to a prior interest created by the same transfer. The later interest takes effect only if it extends to the whole remaining interest of the transferor.
Option feedback
Option A
Section 13 requires the interest for the unborn beneficiary to extend to the entire remaining interest of the transferor.
Option B
A life interest that leaves part of the remainder with the transferor is insufficient.
Option C
A fraction of the transferor’s remaining interest does not satisfy section 13.
Option D
Appointment or lifespan of a guardian is not the statutory test.
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