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GLOSSARY

Conditio si testator sine liberis decesserit definition

Published by a LexisNexis Private Client expert

What does Conditio si testator sine liberis decesserit mean?

Where a testator makes a Will which contains no provision for children who may subsequently be born to the testator, it is presumed that the testator did not wish their Will to remain in effect if they had children. Unless this presumption is rebutted, the Will is revoked, often resulting in intestacy.

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Validity of Wills—Scotland

Validity of Wills—Scotland FORTHCOMING CHANGE: The Trusts and Succession (Scotland) Act 2024 received Royal Assent on 30 January 2024, marking the first review of trusts law in Scotland in over 100 years since the principal legislation, the Trusts (Scotland) Act 1921, was passed. The trusts provisions will require secondary legislation from Scottish Ministers to be brought into force whereas the provisions relating to succession lawcame into effect on 30 April 2024. The main changes to modernise the law are summarised in News Analysis: Trusts and Succession (Scotland) Bill passed. Practice Notes on areas of Scottish trusts and succession law will be updated further to reflect this new legislation. This Practice Note covers the requirements under Scots Law for a Will to be formally valid and the requirements which must be met if effect is to be given to a Will. For general information on Wills under Scots law, see Practice Note: Wills in Scotland—overview. Wills Act 1963 A Will is formally valid if it is...

Glossary of Scottish Private Client words and expressions

Glossary of Scottish Private Client words and expressions This is a glossary of common words and expressions used in Scottish Private Client law with the nearest England and Wales equivalent (where relevant) and links to useful websites. Ab intestato Meaning Nearest English equivalent From a person dying intestate; description of property acquired according to the rules of intestate succession. None Action of specific implement Meaning Nearest English equivalent An action which requires the court to grant an order requiring a party to perform a specific act. In Scotland, there is no distinction between equitable and legal remedies as there is in England and Wales. Specific performance (an equitable remedy available for breach of contract that may be granted in addition to or instead of damages) Advance notice Meaning Nearest English equivalent A notice (registered in the relevant property register) to protect the grantee of a deed intended to be registered in the Land Register of Scotland. The 35-day protected period starts on the day...

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