Lawgist13Transfer for benefit of unborn person
Where, on a transfer of property, an interest therein is created for the benefit of a person not in existence at the date of the transfer, subject to a prior interest created by the same transfer, the interest created for the benefit of such person shall not take effect, unless it extends to the whole of the remaining interest of the transferor in the property.
Illustration
A transfers property of which he is the owner to B in trust for A and his intended wife succesively for their lives, and, after the death of the survivor for the eldest son of the intended marriage for life, and after his death for A's second son. The interest so created for the benefit of the eldest son does not take effect, because it does not extend to the whole of A's remaining interest in the property.
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- 5 “Transfer of property” defined
- 6 What may be transferred
- 7 Persons competent to transfer
- 8 Operation of transfer
- 9 Oral transfer
- 10 Condition restraining alienation
- 11 Restriction repugnant to interest cleated
- 12 Condition making interest determinable on insolvency or attempted alienation
- 13 Transfer for benefit of unborn person
- 14 Rule against, perpetuity
- 15 Transfer to class some of whom come under sect ions 13 and 14
- 16 Transfer to take effect on failure of prior interest
- 17 Direction for accumulation
- 18 Transfer in perpetuity for benefit of public
- 19 Vested interest
- 20 When unborn person acquires vested interest on transfer for his benef it
- 21 Contingent interest
- 22 Transfer to members of a class who attain a particular age
- 23 Transfer contingent on happening of specified uncertain event
- 24 Transfer to such of certain persons as survive at some period not specified
- 25 Conditional transfer
- 26 Fulfilment of condition precedent
- 27 Conditional transfer to one person coupled with transfer to another on failure of prior disposition
- 28 Ulterior transfer conditional on happening or not happening of specified event
- 29 Fulfilment of condition subsequent
- 30 Prior disposition not affected by invalidity of ulterior disposition
- 31 Condition that transfer shall cease to have effect in case specified uncertain event happens or does not happen
- 32 Such condition must not be invalid
- 33 Transfer conditional on performance of act, no time being specified for performance
- 34 Transfer conditional on performance of act, time being specified
