175B083 Mahesh P S 20 January 2021

Property law

What if an unborn child for whom Life interests have been created and is the ultimate beneficiary is miscarried at the time of the birth? Will his heirs get the property or that will be a case of reversion?

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This discussion addresses a property law query regarding an unborn child with life interests who is subsequently miscarried. The consensus is that an unborn child is not a legal entity, making the original scenario moot. Typically, wills and trusts include provisions for such events, specifying how the unborn child's share would be distributed if a miscarriage occurs.

2 Replies

Kishor Mehta (CEO) 20 January 2021

The child that is never born is not considered a valid entity, the query is superfluous. Normally even while preparing a WILL or a TRUST for an unborn child a provision is made for the disposal the share of the unborn child in the event of a miscarriage.