The Mechanics of Operation of the Conditio Si Testator Sine Liberis Decesserit In Scots Law

This article will examine the mechanics of operation of the Scottish rule of succession known as the conditio si testator sine liberis decesserit. This is sometimes classified as a form of "implied revocation"1 or as a method of "revocation by operation of law".2 However, the conditio si testator is considerably more than is suggested by either of these descriptions and its method of operation is surprisingly complex. In terms of this rule the will of a testator may be reduced at the instance of one of his or her subsequently born children for whom all provision has been omitted inadvertently in that will. A recent study of the law of property, trusts and succession addressed the conditio si testator sine liberis decesserit and, because of the limitations of space which may properly be afforded to any single matter in a well balanced general work, stated accurately but tersely3 "the doctrine is subject to certain qualifications and exceptions".