Perret’s Trs v Perret, 1909 SC 522
Citation: Perret’s Trs v Perret, 1909 SC 522
Rule of thumb: Is a rent agreement an asset which can pass onto another party on death? Yes, especially if it is a spouse/partner – they will have a right to take over the lease if the other dies.
Judgment:
This case confirmed the legal principle of ‘surviving spouse entitlement to home’ – this case affirmed the very fundamental principle that a surviving spouse is entitled to live in their family home after their spouse is deceased, and any provisions in a will or other contractual terms or legalities that could see them kicked out of their family home after the death of their spouse are invalid, ‘... (there) was a contractual arrangement where each took the chance of getting half of the other, and accordingly I think the property stands upon its own destination and is not carried, and could not be carried, by any testament whatsoever. The moment that disposition was actually delivered, as it was by the mere fact of taking the destination as between these 2 people, I do not think this destination could have been altered except by joint consent of the spouses’, Lord President Dunedin at 528
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.