Testate succession - destinations-over

Question 1

Survivorship d-o? “”

Answer 1

To A and B and the survivor

Question 2

survivorship - who is conditional institute/substitute?

Answer 2

• Conditional - M

- Substitute - H (converted to special destination)

Question 3

Special destinations “”

Answer 3

A owns house ‘To B whom failing C’

Question 4

Effect of special destination?

Answer 4

When B dies and C is still alive (and B owns it) C takes the property
ie won’t form part of B’s estate for succession purposes

Question 5

Evacuating survivorship destinations?

general rule [c]

Answer 5

• may be evacuated by selling

- Marshall v Marshall’s Ex - both contributed to price and joint name. Personal bar and contrary to s30

Question 6

Evacuating survivorship destinations?

Statutory provision?

Answer 6

SSA s30 - must have specific reference to it and intention it be evacuated

Question 7

Evacuating survivorship destinations?

Presumption? [c]

Answer 7

Perrett’s Trs v Perrett - if both contribute to price, no power of evacuation by either

Question 8

How can a destination-over be implied? [2]

Answer 8

1 - accretion

2- conditio si institutus sine liberis decesserit

Question 9

Implied d-os

Accretion [c]

Answer 9

• Depends on words of severance (equally/in shares)

- Paxton’s Trs v Cowie

Question 10

Implied d-os

Conditio si institutus

Answer 10

if an institute dies before testator then, sometimes, institute’s issue takes place
Rebuttable presumption