to evacuate the destination

English translation: to revoke the provision whereby joint property automatically passes to the surviving owner(s)

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
English term or phrase:to evacuate the destination
Selected answer:to revoke the provision whereby joint property automatically passes to the surviving owner(s)
Entered by: Charles Davis

22:30 Dec 29, 2013
English language (monolingual) [PRO]
Law/Patents - Law (general)
English term or phrase: to evacuate the destination
I am translating a C1 form - a confirmation form for estate executors. It reads as follows:

,,Declaration by
……

Who declares….

….

That the Inventory (on pages 3 to ….) is a full and complete Inventory of the:

• heritable estate in Scotland belonging to the deceased or the destination of which (s)he had the power to
and did evacuate
• moveable estate of the deceased in Scotland
• real and personal estate of the deceased in England and Wales and in Northern Ireland
• estate of the deceased situated elsewhere
including property, other than settled property, over which (s)he had and exercised an absolute power of disposal.''

I am stuck at this bit: '' heritable estate in Scotland belonging to the deceased or the destination of which (s)he had the power to evacuate''.

Should I read it as ''belonging TO the deceased or TO the destination of….''?

''Destination'' is defined as ''a statement of the persons or series of persons in whose favour the granter of a deed conveys the property or interest’.''

Could anyone please tell me what ''evacuate the destination'' means?

Any help would be greatly appreciated.
Grzegorz Mysiński
Poland
Local time: 03:15
to revoke the provision whereby joint property automatically passes to the surviving owner(s)
Explanation:
"Evacuate" here has the meaning "To make void; to nullify; to vacate; as, to evacuate a contract or marriage", a meaning now obsolete in everyday English usage.
http://machaut.uchicago.edu/?resource=Webster's&word=evacuat...

"Destination" refers to what is known in Scottish law as "survivorship destination" or "special destination". This means that where property is jointly owned there may be a contractual arrangement between the owners whereby the share belonging to the first owner to die passes automatically to the surviving owner(s) and does not form part of the deceased owner's estate: it is not heritable property. If, on the other hand, this survivorship condition is not part of the joint title, the deceased owner's share is part of his/her estate and can be freely bequeathed; there is no "special destination".

"If two or more people purchase an asset jointly there may be a contractual agreement between them which determines how the property passes on death.
If the title is just in their joint names, such as to John and Jane, they own an equal share which passes to their executors (IHTM05012) on their deaths and is part of their free estate.
But if the title is to John and Jane and the survivor and they have paid equally for the asset, the survivor will be entitled to the whole on the death of the first to die (Perrett’s Trs v Perrett [1909] 46 SLR 453). This is known as special (or survivorship) destination."
http://www.hmrc.gov.uk/manuals/ihtmanual/IHTM15050.htm

"Under a survivorship destination, on the first death the deceased’s right in the property passes directly to the survivor automatically, and without the need for further legal process. It does not form part of the deceased’s estate."
http://www.step.org/scottish-law-commission’s-report-success...

However, it is possible (with certain restrictions) for a joint owner to evacuate, that is, to revoke or cancel this suvivorship destination. If this is done, that owner's share becomes heritable property:

"Where there is a special destination it may be possible to revoke (IHTM15050) or ‘evacuate’ the destination so that it no longer applies."
http://www.hmrc.gov.uk/manuals/ihtmanual/ihtm15093.htm

So then this means joing property which was subject to a special survivorship destination which the deceased joint owner could and did revoke, thereby turning his/her share of that property into heritable property.

--------------------------------------------------
Note added at 2 hrs (2013-12-30 00:42:34 GMT)
--------------------------------------------------

To be more precise, this paragraph refers to heritable estate (land and buildings) in Scotland which either belonged (wholly) to the deceased or was jointly owned by the deceased and subject to a survivorship destination (requiring it to pass automatically to the surviving owner(s)) which the deceased revoked, with the result that the deceased's share in the property became freely heritable estate.
Selected response from:

Charles Davis
Spain
Local time: 03:15
Grading comment
Now it's all perfectly clear. Thank you!
4 KudoZ points were awarded for this answer



SUMMARY OF ALL EXPLANATIONS PROVIDED
4 +4to revoke the provision whereby joint property automatically passes to the surviving owner(s)
Charles Davis
4Change of tenancy in Scottish law
Demi Ebrite


Discussion entries: 3





  

Answers


53 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
Change of tenancy in Scottish law


Explanation:
"Change of tenancy under Scottish law is known as 'Evacuation of Special Destination' whilst under English law it is called 'Severance of Tenancy'. Although the terminology differs, and the documentation is different the actual outcome is the same.

The majority of homes in the UK today are owned as ‘Joint Tenancy’. This means that when a partner dies their share of the property automatically passes to their partner by the Will.

The use of an Evacuation or Severance document changes the definition of the tenancy of the property from ‘Joint Tenants’ to ‘Tenants in Common’. Your home is still owned by you both, however its’ value is now split into two distinct and separate halves."

This wording includes (all) properties, whether an evacuation or splitting has occurred, or not.

2nd reference URL: refer to Part I, 18 (2)



    Reference: http://www.willpeople.co.uk/evacuation_of_special_destinatio...
    Reference: http://www.legislation.gov.uk/ukpga/1964/41
Demi Ebrite
United States
Local time: 20:15
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 40
Login to enter a peer comment (or grade)

1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +4
to revoke the provision whereby joint property automatically passes to the surviving owner(s)


Explanation:
"Evacuate" here has the meaning "To make void; to nullify; to vacate; as, to evacuate a contract or marriage", a meaning now obsolete in everyday English usage.
http://machaut.uchicago.edu/?resource=Webster's&word=evacuat...

"Destination" refers to what is known in Scottish law as "survivorship destination" or "special destination". This means that where property is jointly owned there may be a contractual arrangement between the owners whereby the share belonging to the first owner to die passes automatically to the surviving owner(s) and does not form part of the deceased owner's estate: it is not heritable property. If, on the other hand, this survivorship condition is not part of the joint title, the deceased owner's share is part of his/her estate and can be freely bequeathed; there is no "special destination".

"If two or more people purchase an asset jointly there may be a contractual agreement between them which determines how the property passes on death.
If the title is just in their joint names, such as to John and Jane, they own an equal share which passes to their executors (IHTM05012) on their deaths and is part of their free estate.
But if the title is to John and Jane and the survivor and they have paid equally for the asset, the survivor will be entitled to the whole on the death of the first to die (Perrett’s Trs v Perrett [1909] 46 SLR 453). This is known as special (or survivorship) destination."
http://www.hmrc.gov.uk/manuals/ihtmanual/IHTM15050.htm

"Under a survivorship destination, on the first death the deceased’s right in the property passes directly to the survivor automatically, and without the need for further legal process. It does not form part of the deceased’s estate."
http://www.step.org/scottish-law-commission’s-report-success...

However, it is possible (with certain restrictions) for a joint owner to evacuate, that is, to revoke or cancel this suvivorship destination. If this is done, that owner's share becomes heritable property:

"Where there is a special destination it may be possible to revoke (IHTM15050) or ‘evacuate’ the destination so that it no longer applies."
http://www.hmrc.gov.uk/manuals/ihtmanual/ihtm15093.htm

So then this means joing property which was subject to a special survivorship destination which the deceased joint owner could and did revoke, thereby turning his/her share of that property into heritable property.

--------------------------------------------------
Note added at 2 hrs (2013-12-30 00:42:34 GMT)
--------------------------------------------------

To be more precise, this paragraph refers to heritable estate (land and buildings) in Scotland which either belonged (wholly) to the deceased or was jointly owned by the deceased and subject to a survivorship destination (requiring it to pass automatically to the surviving owner(s)) which the deceased revoked, with the result that the deceased's share in the property became freely heritable estate.

Charles Davis
Spain
Local time: 03:15
Native speaker of: English
PRO pts in category: 136
Grading comment
Now it's all perfectly clear. Thank you!

Peer comments on this answer (and responses from the answerer)
agree  B D Finch
19 hrs
  -> Thank you, Barbara, and best wishes for the coming year.

agree  Phoenix III
1 day 1 hr
  -> Thanks very much, Phoenix :)

agree  Ashutosh Mitra
2 days 3 hrs
  -> Many thanks, Ashutosh, and best wishes for 2014 :)

agree  mike23: Lovely job. Thank you Charles. I used it for another translation http://www.proz.com/kudoz/5595139
181 days
  -> Thank you, Mike! I'm very glad :)
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