The Parachute Regiment Charity v Hay

Succession law – Will – Interpretation – Validity of bequest – Ademption. Sheriff Court: In an action in which the issue was whether, properly interpreted, a clause in a will contained a valid bequest and, if so, whether the legacy of that bequest had adeemed, the testator having bequeathed to the defender's daughter his 'interest' in a property which was still within his father's estate and was on the market for sale when he executed his will, and having subsequently received his share of his father's estate, which included the net free proceeds of sale of the property, the court held that on the agreed facts it could not be said that the testator had any interest in the property as at the date of his death and the legacy had adeemed.

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