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Conditio si testator sine liberis decesserit meaning
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What does Conditio si testator sine liberis decesserit mean?
A Scots law presumption that a will made by a person with no children is impliedly conditional on the testator dying childless. If, after executing the will, the testator has a child and the will contains no provision for that child or for future issue, the will is presumed revoked unless a contrary intention is shown. The doctrine is judge‑made (with Roman‑law roots) rather than statutory, and is used by the Scottish courts to prevent unintended disinheritance of after‑born children.
Key features: it is a rebuttable presumption; clear wording that the will is to stand notwithstanding the birth of children, express provision for future issue, or other evidence of intention may defeat it. Its effect commonly sets aside the whole testamentary writing, leading to intestacy or partial intestacy.
Jurisdictional position: the doctrine applies in Scotland. In England & Wales, Northern Ireland and Ireland, the birth of a child does not revoke a will; revocation generally occurs only under statute (for example, on marriage or, in some jurisdictions, civil partnership, unless the will is made in contemplation of that event). Practically, drafters should state whether a will is to remain effective despite future children.
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View the related Practice Notes about Conditio si testator sine liberis decesserit
PRACTICE NOTES
Scottish Private Client Practice Glossary: Succession, Trusts, Guardianship and Property Terms with England and Wales Equivalents
A glossary of frequently used terms and phrases in Scottish Private Client law, with the closest England and Wales equivalents (where applicable) and links to helpful websites Ab intestato Meaning From someone who dies without a will; describes property taken under the laws of intestate succession. Nearest English equivalent None Action of specific implement Meaning A court action seeking an order compelling a party to carry out a particular act. In Scotland there is no division between equitable and legal remedies, unlike England and Wales. Nearest English equivalent Specific performance (an equitable remedy for breach of contract that can be ordered alongside, or in place of, damages) Advance notice Meaning An entry in the relevant property register that protects the grantee of a deed intended for registration in the Land Register of Scotland. The protected period of 35 days begins on the day after registration....
21 May
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PRACTICE NOTES
Scotland: Validity of Wills—execution, witnessing, foreign elements, alternatives, revocation, revival, capacity and challenges, with updates under the Succession (Scotland) Act 2016 and Trusts and Succession (Scotland) Act 2024
FORTHCOMING CHANGE The Trusts and Succession (Scotland) Act 2024 obtained Royal Assent on 30 January 2024, representing the first reassessment of Scottish trusts law in more than a century since the Trusts (Scotland) Act 1921. The trusts provisions will come into force only following secondary legislation made by the Scottish Ministers, whereas the succession elements commenced on 30 April 2024. The principal updates modernising the law are outlined in News Analysis: Trusts and Succession (Scotland) Bill passed. Practice Notes dealing with Scottish trusts and succession will be further revised to reflect this new statute. This Practice Note outlines the Scots law requirements for a Will to be formally valid and the conditions that must be satisfied to give effect to a Will. For general guidance on Wills under Scots law, see Practice Note: Wills in Scotland—overview. Wills Act 1963 A Will is formally valid if it is duly executed under the law of the testator’s domicile, habitual residence or nationality at the time of execution of the...
21 May
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