T drafted a will on 01 April 2023 which states: "I bequeath my whole estate to the children of my brother, X." T died on 01 May 2023. X died, without any children, on 30 May 2023. Who would inherit from T?

Question

A.
T's intestate heirs as determined on 01 April 2023

B.
T's intestate heirs as determined on 01 May 2023

C.
T's intestate heirs as determined on 30 May 2023

D.
X's intestate heirs as determined on 01 May 2023

E.
X's intestate heirs as determined on 30 May 2023

Answer 1

The answer is C. T's intestate heirs as determined on 30 May 2023.

The will states that T bequeaths their entire estate to the children of their brother, X. However, X died without any children. As a result, the gift in the will fails because there are no eligible beneficiaries. When a gift in a will fails, the estate typically passes according to the laws of intestacy. Therefore, T's intestate heirs as determined on 30 May 2023 would inherit from T.