S3.3 Destinations

“This expression is commonly used of rights to land or moveable property taken in favour of two or more persons and their successors in shares, or for different interests, such as liferent and fee”. (Wood’s Lectures).

The following are examples of how destinations in a writ are minuted:

a.) “To A (designation) and his wife in conjunct fee and liferent and the survivor in fee” is minuted “To A and B, spouses, (designation), in conjunct fee and liferent and survivor”. It is unnecessary to add “in fee” as the fee is in the surviving spouse.

b.) “To A, B and C (designations) and survivors and survivor, as Trustees and Trustee for their Firm of A, B, C & Sons (designation)” is minuted as in the writ.

c.) “To A (design) to the extent of 1/3 pro indiviso, B (design) to the extent of 1/3 pro indiviso and C (design) to the extent of 1/3 pro indiviso” is minuted – “To A, B and C (all design), each to extent of 1/3 pro indiviso”.

d.) “To A (design) to the extent of 1/2 pro indiviso, B (design) to the extent of 1/3 pro indiviso and C (design) to the extent of 1/6 pro indiviso is minuted – “To A, B and C (all design), to the respective extents of 1/2, 1/3 and 1/6 pro indiviso”.

In a Disp. to A in liferent and B in fee, subject to the said liferent, the words “subject to the said liferent” are not minuted.

Where in a destination, especially where a survivorship is involved, power to dispose of the subjects is enhanced or restricted, this is shown in the Minute at the end of the destination, e.g. “(with power of revocation)”, “(under declaration against revocation by mortis Causa deed)” or otherwise as the case may be.