Legal rights: discharging legal rights Flashcards
1
Q
Post-death discharge - doctrine? [s]
A
approbate and reprobate - s13
2
Q
Approbate and reprobate - case?
A
• Harvie’s Exrs v Harvie’s Trs
Held: no absolute rule that a beneficiary must have independent legal advice before election can be legally binding
3
Q
requirements for making an election? [c]
A
- doesn’t need to be within set period of time (but prescription)
- must have capacity
- implied/express discharte - Harvie case
4
Q
Can you revoke an election? [c]
A
• Dawson’s trs v Dawson – widow allowed to revoke an election because given inaccurate legal advice, even though significant time had passed.
5
Q
Effect of discharge on estate: post-death
A
- normal rules
- election required
6
Q
Effect of discharge on estate:
pre-death [3] [c]
A
o Person treated as if they had predeceased for purpose of legal rights (right accresces)
o Representation can’t happen
o Right doesn’t vest in them: Hog v Hog
