Morris v Riddick, 1867 5 M 1036
Citation: Morris v Riddick, 1867 5 M 1036
Rule of thumb: Once a will is made, can it be changed? Yes, a will can be made or changed at any time before a person’s death.
Judgment:
This case affirmed the principle of ‘mortis causa gifts’ – this translates as ‘gifts upon death’ – it means that people can leave different forms of property they own to people in their will, which can be revoked at any time before they die, with this being provided to them before the overall financial value of the will is tallied up as part of the residue of the estate and divided by the default rules between third party debtors and entitled family members. This is also authority for the legal position that a gift of heritage will require writing, but a gift of incorporeal moveables can be made without writing. ‘A conveyance of an immovable or incorporeal right, or a transfer of moveables or money by delivery, so that the property is immediately transferred to the grantee, upon the condition that he shall hold for the granter so long as he lives, subject to his power of revocation and, failing such revocation, then for the grantee on the death of the granter’, Lord President Inglis at 1041
Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.