Testate succession - Types of legacies

Question 1

4 types of legacies?

Answer 1

1 - specific
2-demonstrative
3-general
4-residuary

Question 2

Conditional legacies -

2 types of conditions?

Answer 2

1 - potestative condition

2 - casual condition (suspensive/resolutive)

Question 3

Postestative condition?

Answer 3

beneficiary has power to fulfill

enforceability will depend on how reasonable

Question 4

Casual condition? [c]

Answer 4

• contingent event

- Suspensive condition - vesting suspended pendente conditione (Graham’s Trs v Graham)

Question 5

Precatory legacies? [c]

Answer 5

terms only express wish

Milne v Smith - house to neice