Testate succession - identifying the object Flashcards
1
Q
Identification by description [2c]
A
- Keiller v Thomsons’ Trs - name wrongly transcribed
- Cathcart’s Trs v Bruce - might need extrinsic ev
2
Q
description by relationship
-general rule
A
If person also named, Rship descriptive only
3
Q
description by relationship
-children [c]
A
- interpreted in accordance with date of death
* Wright’s Trs v Callendar
4
Q
description by relationship
- spouses - general rule = [c]
A
- Divorce does not revoke a will in Scotland
- General rule: intended beneficiary is person testator was married to @ date of payment of legacy
- Couper’s JF v Valentine – left legacy to ‘my wife Mrs Dorothy Couper’
5
Q
Multiple legatees -class legacies [c]
A
• Class determined @ date of death (Gregory’s Trs v Alison)
6
Q
Multiple legatees
-alternate legatees - general rule?
A
representation doesn’t happen in testate succession
