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GLOSSARY
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.
GLOSSARY
A condition is a term of the contract that is so significant that it goes to the heart of the transaction—so it is a major term of the agreement.
Q&As
The Standard Commercial Property Conditions (2nd Edn) and Standard Conditions of Sale (5th Edn) (see further reading links) Condition 1.5.2 states that: 'The seller may not be required to transfer the property in parts or to any person other than
Q&As
The higher rates of stamp duty land tax (SDLT) apply to the purchase of a major interest in a single dwelling by an individual, if at the end of the day of purchase, conditions A to D are met: • Condition A—the chargeable consideration for the transaction is £40,000 or more • Condition B—the dwelling is not subject to a lease
PRECEDENTS
1 Tenancy Deposit[s] 1.1 On the grant of the Tenancy Agreement[s], the Tenant[s] paid [a deposit of £[insert figure] ('the Tenancy Deposit') OR deposits in the sums set out in Schedule [insert number] (‘the Tenancy Deposits’)] to the Seller as security against non-payment of rent and loss of or
GLOSSARY
A condition which delays the vesting of a right until the beginning of an event.
GLOSSARY
A condition which destroys or divests the right upon the happening of an event.
PRECEDENTS
This clause is a condition to insurance cover requiring the insured to put in place a robust net-zero transition plan prior to the inception of cover for climate-related liability claims. The clause requires a commercial policyholder to have a robust net-zero transition plan in place (including emissions reductions
GLOSSARY
An EU directive designed to require Member States to give providers of pay-TV remedies against infringing activities.
GLOSSARY
The systems and technology used to ensure that only those consumers who have paid to receive a service, or who live in a given geographical area are able to watch that service ie access is restricted to those who meet the conditions. Generally conditional access systems used with pay television use scrambling but other methods may be used to prevent unauthorised access.
PRACTICE NOTES
If a testator revokes the Will and that revocation is shown to be subject to a condition, the revocation is ineffective if the condition is not satisfied. Revocation will not be held to be conditional unless there is clear evidence what the testator intended. Dependent relative revocation occurs when revocation of an original disposition is not to take place unless a new disposition that has been or is intended to be made takes effect. If it fails to take effect, the original disposition is not revoked. An example of dependent relative revocation can be taken from the Re Bridgewater (deceased) case, where a testator who made three Wills wrote to his solicitor to say that the second Will was at his bank and that he had destroyed the third Will, the intended effect being to validate the second Will. At his death only the first Will was found. The letter to the solicitor was held to be admissible evidence of intention to destroy the third Will. As the destruction of the third Will
GLOSSARY
A conditional bequest is a gift in a will that only takes effect if a specified event occurs or a stated condition is satisfied. Examples include gifts contingent on the beneficiary reaching a certain age, surviving another person, marrying, or complying with particular requirements set by the testator.Across England and Wales, Scotland, Northern Ireland and Ireland, the concept is broadly similar, though terminology may differ (for example, “legacy” or “provision” instead of “bequest”). The term is descriptive rather than usually defined in statute; its operation is shaped mainly by succession case law and general principles of construction of wills and, in Scotland, by the law of conditional institutions and substitutions.Key issues for practitioners include: whether the condition is precedent (gift only arises if fulfilled) or subsequent (gift can be divested), whether the condition is sufficiently certain, and whether it is legally valid (for example, not contrary to public policy, discriminatory or impossible). Failure of a conditional bequest may result in partial intestacy or gift over to another beneficiary, depending on the drafting. Properly structured conditional bequests are a common estate planning tool to control timing, protect vulnerable beneficiaries and manage family succession expectations.