Kubicka [2018] WTLR 933

Autumn 2018 #173

Each of K, a Polish national resident in Germany, and her husband had a 50% share of immovable property in Germany. K wished to include in her will a legacy ‘by vindication’ concerning the German property in favour of her husband. A legacy by vindication passed an asset, including a share in a right of ownership of immovable property, to a specified person on the opening of the succession. This was to be distinguished from a legacy ‘by damnation’, under which the heir must transfer the right in property to the legatee. K wished to leave the rest of the assets in her estate in accordance ...