Ogilvie-Forbes Trs v Ogilvie-Forbes, 1955 SC 405
Citation:Ogilvie-Forbes Trs v Ogilvie-Forbes, 1955 SC 405
Rule of thumb: Where a form of property has been modified (deteriorated or updated) does it become a new form of property? No, if it is substantially the same thing then it is not deemed to be a new form of property.
Judgment:
This affirmed the principle of ‘substantially the same thing’ – where someone has been bequeathed a form of property that no longer fully exists as stated in the will, the person may be able to argue that it substantially still exists and they are still entitled to something of the equivalent of this, ‘The question is, whether a testator has the time of his death the same thing existing, it may be in a different shape, - yet substantially the same thing’, at 414
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