Succession – Conditio si sine liberis decesserit – Parent Forfeiting his Spes successionis.
A testator gave an alimentary liferent of the residue of his estate to a sister M. M. and to her husband J. M., and directed that on the death of the longest liver the residue should be divided among their children. He excluded, however, the leases of certain farms he cultivated, with the stocking thereon, with regard to which he provided – ‘I direct that the leases of . . shall be made over to the said M. M. in liferent, and at her death to the said J. M. also in liferent, and at the death of the longest liver of them to such of her sons as she may appoint by any writing under her hand in fee, and failing such appointment, then to her eldest son in fee, and if he shall not accept of the same, then to the next eldest son who shall be alive at the death of the said M. M. and her husband, and so on to her sons in succession in fee, and if all the sons shall refuse or die, then to the daughters in succession in fee, and such son or daughter so succeeding to the said leases . . shall be debarred from participating in any other share or portion of my means and estate.’ M. M. and her husband declined the provision in their favour with regard to the leases, and by agreement between them, the trustees, and the children these were assigned and made over to a son. This son predeceased his mother.
Held that the son’s children could claim no share of the residue of the trust estate, inasmuch as the son could never have taken any share, and consequently there was no institute to whom the conditio si sine liberis decesserit could be applied.
Judges:
Lord Chancellor (Finlay), Viscount Haldane, Lord Dunedin, Lord Atkinson, and Lord Parmoor
Citations:
[1917] UKHL 80, 55 SLR 80
Links:
Jurisdiction:
Scotland
Wills and Probate
Updated: 14 July 2022; Ref: scu.631012