testate Flashcards
special legacies
specific asset/ id asset to a person
car house
the principles of vesting in law of succession
a q if vesting is always decided with reference to the character and phraseology to a particular deed
where does the right vest
the right vests when the ben acquires personal righ. normally on death of de cujus
what are the order the rights vest?
legal rights
prior rights
s.2 intestate succession rights
unconditional legacies vest IMMEDIATLY ON DEATH OF DE CUJUS.
CONDITONAL LEGACIES and some interests in trust can be unvested
ex
D testament gives legacy of house to E but ONLY if he survives her by 30 days.
EUAN DIES 29TH DAY
THIS IS A SUSPENSIVE CONDITION
RIGHT IS UNVESTED AND SO DOES NOT PASS TO HIS ESTATE
ex
A testament directs ex to hold for B in lifrent and C in fee. A dies 1st march B dies 1 may. C dies 1st of april.
RIGHTS OF B and C VEST on A’s DEATH (NOT BS) so C right passed to her estate on 1st april