T drafted a will on 01 April 2023 which states: "I bequeath my whole estate to the children of my brother, X." T died on 01 May 2023. X died, without any children, on 30 May 2023. Who would inherit from T?
A.
T's intestate heirs as determined on 01 April 2023
B.
T's intestate heirs as determined on 01 May 2023
C.
T's intestate heirs as determined on 30 May 2023
D.
X's intestate heirs as determined on 01 May 2023
E.
X's intestate heirs as determined on 30 May 2023
The answer is C. T's intestate heirs as determined on 30 May 2023.
The will states that T bequeaths their entire estate to the children of their brother, X. However, X died without any children. As a result, the gift in the will fails because there are no eligible beneficiaries. When a gift in a will fails, the estate typically passes according to the laws of intestacy. Therefore, T's intestate heirs as determined on 30 May 2023 would inherit from T.
The answer is D. X's intestate heirs as determined on 01 May 2023.
Explanation:
When T drafted the will on 01 April 2023, T intended to leave their whole estate to the children of their brother, X. However, X died without any children on 30 May 2023. Since X no longer has any children, there are no specific beneficiaries mentioned in the will who can inherit from T. In this case, the will would be deemed ineffective, and T's estate would pass to T's intestate heirs as determined on 01 May 2023, which is the date of T's death.