latter case, he or she shall relinquish any benefits which may have been
provided for him or her by the will.
168. Devolution of interest relinquished by owner.
An interest relinquished under section 167 shall devolve as if it had not been
disposed of by the will in favour of the legatee, subject, nevertheless, to the
charge of making good to the legatee the amount or value of the gift
attempted to be given to him or her by the will.
169. Testator’s belief as to his or her ownership immaterial.
Sections 167 and 168 shall apply whether the testator does or does not
believe that which he or she professes to dispose of by his or her will to be
his or her own.
170. Bequest for person’s benefit.
A bequest for the benefit of a person is, for the purpose of election, the same
thing as a bequest made to him or her.
171. Benefit derived indirectly.
A person taking no benefit directly under a will, but deriving a benefit under
it indirectly, is not put to his or her election.
172. Person taking in individual capacity under will may, in other
character, elect to take in opposition.
A person who, in his or her individual capacity, takes a benefit under the will
may, in another character, elect to take in opposition to the will.
173. Exception to preceding sections.
Notwithstanding sections 167 to 172, where a particular gift is expressed in
a will to be in lieu of something belonging to the legatee, which is also in
terms disposed of by the will, if the legatee claims that thing, he or she must
relinquish the particular gift, but he or she is not bound to relinquish any
other benefit given to him or her by the will.
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