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Flashcards in Succession General Points Deck (16)
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1
Q

Melvin v Nicol

A

Demonstrative legacies

If I leave someone 1000 but only have 500 then the money can be taken from elsewhere to make up to that money, usually taken from a residuary clause, if there is none then free estate or intestate estate

2
Q

Buchan and others v Mitchell and others

A

Construction of wills

Express terms are important but courts can imply terms to be effect but will not go so far as to reinvent the will

3
Q

James Keiller v Thompsons’ Trs

A

Incorrect description of bequest of beneficiary does not mean that it lapses- man in Dundee’s name was wrong

4
Q

Speakers exx v Spiker

A

Specific legacies when constructing wills, they got all the private papers and the bureau but that also had money on it, he was allowed to keep that despite the fact he had already been given money

5
Q

Reabbet public Trs v Dunstones

A

Contents implies that the contents is incorporated, she could have car and papers but not the insurance policies

6
Q

Elliot v Lord Stairs

A

Cumulative - when someone had 2 wills the person can have both things

Substantial - when someone writes something twice the latter takes effect

7
Q

Cranston v Brown

A

Something you never owned

If you leave a legacy of something you never ones that that legacy fails unless it can be interpreted as an instruction

8
Q

Pension plan remunerations

A

May not have a will but always have a pension- tick box to say who gets your pension

9
Q

People in prison

A

Forfeiture act S1 says that unless you have murdered the deceased you can still inherit

10
Q

If you live separately from spouse

A

They can still inherit from you under both intestate and testate succession, divorce means termination and that person is treated as having predecesed you

11
Q

Issue

A

If a person is unable to inherit because they have died then their issue is able to inherit, legal rights best automatically - S11 1964 Act

12
Q

Gifts

A

If I make a gift in a will then the person becomes the owner immediately upon delivery

13
Q

Adopted persons

A

Successions Act 1964 S23

For all purposes that person is treated as the biological child for succession purposes

14
Q

Presumption of death

A

Scotland Act 1977

Where a person is missing or has been thought to have died has not known to be alive for the last 7 years then you can make a petition to the court

15
Q

Common calamities

A

Succession S Act 2016

Uncertainty of survivorship treated as failure to survive

Bequests may lapse into free estate if unknown who survived who

Also known as common calamities

16
Q

Kerr v Morgan

A

Succession does not include land situated outside of Scotland

Also cohabitation case