(Court of Session Inner House First Division) By antenuptial trust-deed executed in Scotland a domiciled Scotswoman in contemplation of her marriage conveyed her whole estate to trustees, directing them to pay her the income during her life, to hold and apply the capital for behoof of the issue of the marriage, and failing them ‘for behoof of my heirs and assignees in fee.’ The truster married in Australia a domiciled Australian, and died there without issue.
In a competition between her heir-at-law, her heirs in mobilibus, and her husband, the latter maintained that he was entitled to the whole estate in terms of the law of the truster’s domicile.
Held that although according to the law of Australia the husband would have taken jure mariti if there had been no destination in the deed beyond the wife, as there was a destination to ‘heirs and assignees,’ which did not include the husband, and as the deed regarded as a will was not revoked by marriage, the husband’s claim fell to be dismissed.
[1890] SLR 27 – 995
Bailii
Scotland
Family, Wills and Probate
Updated: 11 December 2021; Ref: scu.614036