ELECTION (DOCTRINE OF)
14/04/2011
In Snell’s Equity 31st edition it says
“Election in equity arises where there is a duality of gifts or of purported gifts in the same instrument, one gift being of the donor’s own property to E, and the other being of E’s property to X. In such cases an intention is implied that the gift to E shall take effect only if E elects to permit the gift to X also to take effect”
This problem can therefore arise in Wills where a gift contained in it is in apparent conflict with the ownership of the asset in question.
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