Scottish Law Online > Discussion Forum Community Home | Search | Contact
 
 
Welcome, Guest. Please Login or Register
 
Visit Amazon.co.uk today Wink
Home Help Search Login Register



Page Index Toggle Pages: 1
Send Topic Print
evacuation of survivorship clause/special destinat (Read 11214 times)
Legally Blonde
Newbies
*
Offline


I'm new!

Posts: 1
Gender: female
evacuation of survivorship clause/special destinat
Apr 17th, 2012 at 9:21pm
 
  CASE  : title held in name of mother & daughter equally between them and survivor of them.

Mother wants to make a will to leave her half to her son.

Can she evacuate the survivorship clause mortis causa?

How can we evacuate inter vivos without involving the daughter?

How in practice do you evacuate the special destination?  Is there a style of minute of evacuation available?

How do you avoid the title automatically going to the daughter on the mother's death?

Any thoughts on the above would be much appreciated. Smiley
Back to top
 
 
IP Logged
 
grumpy
God Member
*****
Offline


I love YaBB 1G - SP1!

Posts: 756
Gender: male
Re: evacuation of survivorship clause/special destinat
Reply #1 - Apr 18th, 2012 at 12:54pm
 
I think I am right in saying that a survivorship destination is contractual between the parties to it and therefore can't be evacuated unilaterally. Therefore the daughter would need to agree.
Back to top
 
 
IP Logged
 
Juniper
Newbies
*
Offline


I Love YaBB 2!

Posts: 19
Re: evacuation of survivorship clause/special destinat
Reply #2 - May 26th, 2012 at 7:30am
 
What happens if they both sign an evacuation bilaterally ( mother and daughter) and it is witnessed . Can it be evacuated mortis causa or can the daughter 'change her mind' ?
Or would the daughter need an additional bilateral document signed by them both and witness to say the evacuation was no longer to be evacuated mortis causa ?
Thank you
Back to top
 
 
IP Logged
 
predatore2004
Newbies
*
Offline


Registro de marcas

Posts: 12
Gender: female
Re: evacuation of survivorship clause/special destinat
Reply #3 - Mar 21st, 2015 at 3:43pm
 
Hard case! sorry to hear that
Back to top
 
WWW  
IP Logged
 
Page Index Toggle Pages: 1
Send Topic Print
(Moderator: YaBB Administrator)



Scottish Law Online Scottish Law Online Quick links:
Scotland: Law Society - Scottish Courts - Scotland Legislation - Scottish Parliament
England: Law Society - Courtservice - DCA - Home Office - Law Commission
UK: BAILII - OPSI - Parliament - House of Lords - Direct Gov - Legal 500 - Chambers
Europe: Europa - ECJ - ECHR - Eur-Lex - Commission - Parliament - OEIL
World: WorldLII - AustLII - CornellLII - Findlaw - UN - ICJ - WTO - Lex Mercatoria
Best of the Web: Amazon - Google - Y!Music - IMDB - BBC News - Radio1 - TV - RoF
Shop Online with Amazon
Discussion Forum Kevin F Crombie 2009