S9.8 Testamentary Deeds and Codicils

A deduction of title where the link in title is a testamentary deed (or Will) and codicils (i.e. writings which alter the terms of wills &c.) is minuted as follows:

1. Where the Codicil appears in the deduction in the writ:

“from whom said Granters acquired right by his Trust Disp. and Settl. and Codicil and relative Deed of Assump. and Convey.”

2. Where the Codicil is specified in the narrative of the writ, but does not appear in the deduction of title:

“from whom said Granters acquired right by his Trust Disp. and Settl., with Codicil and relative Deed of Assump. and Convey.”

Tip

“Last Will and Testament” is minuted as “Will”.

Tip

The use of a Will as a link in title in the case of persons dying after 9 September 1964 was the subject of an Opinion by the Professors of Conveyancing in 1965. They were of the view that the Confirmation should be used in preference to the Will when Trustees or Executors were completing title and were divided on whether it was competent to proceed on a Will where a direct legatee was making up title.

In view of this Opinion, deductions of title proceeding on a Will are accepted for registration without question whether Trustees (or Executors) or direct legatees are completing title.