Identify the nature of each of the above-mentioned two provisions as well as whether the beneficiary in each provision is an heir or a legatee.
1 I bequeath half of my estate to my son, A, if he obtain LLB.
2 i bequeath the other half of my estate to my son, B, but it shall only be transferred to him when he reaches the age 30.
1. The provision in question 1 is a conditional bequest. The beneficiary mentioned is the testator's son, A. The beneficiary in this provision is a legatee, as they are specifically named in the will to receive a portion of the estate.
2. The provision in question 2 is a contingent bequest. The beneficiary mentioned is the testator's son, B. The beneficiary in this provision is also a legatee, as they are specifically named in the will to receive a portion of the estate, but the transfer of the bequest is contingent upon the son reaching the age of 30.
1. Provision 1: The nature of this provision is a condition. The beneficiary, in this case, is the son, A. Since the provision mentions "my estate," the beneficiary is a legatee.
2. Provision 2: The nature of this provision is a future interest. The beneficiary, in this case, is the son, B. Since the provision mentions "my estate," the beneficiary is a legatee. However, the transfer of the bequest to the son will only occur when he reaches the age of 30.
To identify the nature of each provision and determine whether the beneficiary is an heir or a legatee, we need to understand some legal terminology.
1. "I bequeath half of my estate to my son, A, if he obtains LLB."
In this provision, the nature of the provision is conditional. It is conditional because the transfer of the property depends on the fulfillment of a specified condition, which is obtaining an LLB degree. The beneficiary in this provision is the son, A.
Regarding whether the beneficiary is an heir or a legatee, it depends on the context. Heirs generally inherit property through the laws of intestacy when the deceased person dies without a will. Legatees, on the other hand, are individuals named in a valid will to receive specific gifts or bequests. Since this provision mentions a specific condition (obtaining an LLB), it is likely a bequest, making the beneficiary a legatee.
2. "I bequeath the other half of my estate to my son, B, but it shall only be transferred to him when he reaches the age of 30."
The nature of this provision is also conditional, but the condition is based on the beneficiary's age. The transfer of the property is only allowed when the beneficiary, son B, reaches the age of 30. Once again, because this provision specifies a particular condition, it is likely a bequest, and the beneficiary is a legatee.
It's important to note that the terms "heir" and "legatee" can be used interchangeably in some jurisdictions, so the specific legal terms may vary based on the applicable laws. It is always recommended to consult with an attorney or legal expert familiar with the laws of the relevant jurisdiction for a more accurate explanation.