Testamentary documents and special destinations

8Destinations in wills and certain trusts: conditional institution

1

This section applies where—

a

a destination of property in favour of a person (“A”) whom failing another person (“B”) is contained in a will or in a trust taking effect during the lifetime of the truster, and

b

the property vests in A.

2

B loses all rights to the property under the destination unless—

a

the will or trust expressly provides otherwise, or

b

it is clear from the terms of the will or trust that the testator or truster intended otherwise.