Essentials of Transfer to an Unborn Person:
PRIOR LIFE INTEREST:
Section 5 of this act provides that transfer can only be between two living persons which means the transferee must be in existence at the date of transfer so this is a legally valid reason why property cannot be directly transferred to an unborn person.
ONLY ABSOLUTE INTEREST MAY BE GIVEN:
Section 13 says that “the whole of the remaining interest” is transferred to the unborn which means If there is anything that limits the grant in favor of the unborn, the transfer is void.