Report No. 110

IV. Bequests Ceasing to have Effect

21.13. Sections 134 and 135.-

The testator may make a bequest with a condition that it shall cease to have effect in specified cases, without ordering a subsequent disposition of the property. This subject is dealt with in sections 134 and 135. Section 134 gets rid of the English rule1 under which, in the case of personal property, certain conditions were void if there is no gift over. This is known as gifts, in terrorem.

The sections need no change.

1. (a) Evanturel v. Evanturel, Law Reports 6 Privy Council 11.

(b) Baths v. Public Trustee, (1925) 1 Ch 377.