Gibson’s Trs v Gibson, 1925 SC 477
Citation: Gibson’s Trs v Gibson, 1925 SC 477
Rule of thumb: Does a survivorship clause for property in a will mean that the recipient cannot sell the property they receive &must pass it down to the named survivor? No, the person who receives the property can sell it & the survivorship clause with the other person is finished.
Judgment:
The Court affirmed the ‘survivorship’ principle – where someone dies this passes over to their survivors in their place automatically – being alive is not a suspensive condition to obtain the property generally speaking, ‘I think it has to be taken as an established rule of construction that a contingency depending merely upon the existence or survivance of issue falls to be read as a resolutive and not a suspensive condition’, Lord Hunter at 482
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.