Succession Act, 1925
Succession Act, 1925 — Section 108: When lapsed share goes as undisposed of
108. When lapsed share goes as undisposed of. Where a share which lapses is a part of the general residue bequeathed by the will, that share shall go as undisposed of. Illustration The testator bequeaths the residue of his estate to A, B and C, to be equally divided between them. A dies before the testator. His one- third of the residue goes as undisposed of. 109. When bequest to testator’s child or lineal descendant does not lapse on his death in testator’s lifetime. Where a bequest has been made to any child or other lineal descendant of the testator, and the legatee dies in the lifetime of the testator, but any lineal descendant of his survives the testator, the bequest shall not lapse, but shall take effect as if the death of the legatee had happened immediately after the death of the testator, unless a contrary intention appears by the will. Illustration A makes his will, by which he bequeaths a sum of money to his son, B, for his own absolute use and benefit. B dies before A, leaving a son, C, who survives A, and having made his will whereby he bequeaths all his property to his widow, D. The money goes to D.
This is the text of the provision as enacted. It is legal information, not legal advice, and it cannot account for the facts of your own matter. For advice on your situation, consult a verified advocate.
