DESTINATION OVER Flashcards
two species of destination
- TO A whom failing B- A= institute BORIS is either- CONDITIONAL INSTITUTE or SUBSTITUTE
- survivorship (to Aand B between them and the SURVIOR)
Paxton trs v cowie
ACCRETION. to A and B pressumped to mean to A and B and the survivor unless the WORDS OF SEVRENCE USED. to A and B EQUALLY between them
frasers trs
Accretion. in the class of legacies accretion applied notwithstanding words of severance
suc scot act 2016 s.6(2)
where a direct descentdant of a deceased legatee dies pre legatee vests. the decendants issue alive at the time are entitled to ben of the legacy. UNLESS IT IS CLEAR THE TSTATOR INTENDED OTHERWISE
s. 6(3) and 6(2) suc scot act
conflicts between destinations over
express destination over prevail over any implied
6(3)- states conclusively that the testator intended otherwise than the decendent inheriting
accourding to 6(2) IF THE LEGACY
1. is to the deceased legatee and to the survivor of them
2. is to the deceased legatee whom failing another person
s.5 and 11 1964
s.6 1964 equivolant of rep in legitim and free estate
vesting
legal rights, prior rights s. 2 intestate succession unconditional legacies take affect almost immediately on death of DE CUJUS
Ademption
testatator gifts specific property when dies. but this property is no longer in their estate the gift = void
cobbans exs
ADEMPTION. it is settled, for the better or worse, that ademption is a q of fact and NOT of Intention
they DONT OWN IT THUS NO LEGACY
ogavillie - forbes
ADEMPTION land transferred by company as sole shareholder of the land to the company.
CANNOT BE THE OWNER OF TRANSFERED LAND
tenant trs
ADEMPTION tenant inchoate sale transfer. transfer must be reg with company. transfer had begun had the property. PROPERTY NOT ADEEMED STILL IN ESTATE
meeres dowels ex
LEGITIM REI ALIENAE.
ex instruction that it should be purchased if they knew they were not the owner and could prove intention that they would like the exec to purchase IT CAN BE VALID
if the testator believed the thing belonged to them by usuage OR bequesthing it the ben could not just claim its value IT IS NOT PART OF ESTATE
anti ademption clause
or such house I own at the time of death
death of legatee
lapse
EXPRESS DESTINATION OVERS
go beyond the testator survivorship clause.
