Report No. 110
Void Bequests (Sections 112 to 118)
Void bequests are dealt with in sections 112-118. Assuming that a will is formally valid and has been made by a testator competent to make it and raises no questions of construction, problems may still arise by reason of the fact that a particular bequest made by the will is void in law. A bequest may, for example, be void if the beneficiary contemplated by the description given in the will does not exist at the time of death or other material time (section 112 read with the Exception and the illustrations to the section).
This is a case of impossibility or failure created by external circumstances. More frequent is the case where the bequest is void because it violates a statutory mandate laid down in the Act. On certain grounds of public policy, the law has inserted certain pro habitations concerned with remoteness, perpetuities, accumulations and hasty gifts to charities. These are to be found in sections 112 to 118.