Report No. 110

Legacies to Creditors and Portioners

(93) A new section 177A should be inserted as under, to deal with bequests to debtors:-

"177A. Where a creditor bequeaths a legacy to his debtor, and it does not appear from the will that the legacy is to be paid even if the debt is not repaid by the debtor, the debtor shall not be entitled to the legacy unless so much of the debt as has become due and payable has been repaid1."

1. Para. 30.6.