Succession – Conditio si testator sine liberis decesserit – Trust – Settlement – Revocation of prior will – Presumption. – While the law presumes that a will which makes no provision for children nascituri is revoked on the subsequent birth of a child, there is no presumption that a prior will which has been expressly revoked by the later will is restored, although it contains provisions for children nascituri.
Citations:
[1895] ScotCS CSIH – 1, (1895) 2 SLT 579, (1895) 32 SLR 365, 32 SLR 365, (1895) 22 R 505
Links:
Jurisdiction:
Scotland
Wills and Probate
Updated: 02 September 2022; Ref: scu.279244