Alternative Succession

Abstract

This chapter is concerned with the various ways in which succession to property may occur on death, other than by intestacy or by a will executed under s. 9 of the Wills Act 1837. The subject-matter can be divided for the purposes of exposition broadly into two categories: alternative wills, and alternative entitlement. Alternative wills include privileged wills and statutory wills. Alternative entitlement includes nominations, donatio mortis causa, constructive trusts, and proprietary estoppel. Many of the alternative succession mechanisms considered in the chapter are potentially difficult. Most of them are by definition exceptions to the formality requirements considered in Chapter 5. That said, most mechanisms of ‘alternative’ succession have a clear rationale and are appropriately contained.