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Simple English definitions for legal terms
dispositive clause
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A quick definition of dispositive clause:
A dispositive clause is a part of a legal document, like a deed or will, that describes what property is being given to someone, who it is being given to, and any conditions or restrictions that come with it. In Scottish law, it can also refer to the nomination of heirs in a certain order. It's like a set of instructions for what should happen to the property.
A more thorough explanation:
A dispositive clause is a legal term used in Scots law to describe the clause of conveyance in a deed. This clause includes the description of the property being conveyed, any conditions or burdens attached to it, the name of the grantee, and the destination to heirs.
- When a person sells a piece of land to another person, the dispositive clause in the deed will describe the land being sold, any restrictions or obligations attached to it, and the name of the buyer.
- In a will, the dispositive clause will outline how the deceased person's assets will be distributed among their heirs.
These examples illustrate how a dispositive clause is used to convey property or assets and ensure that they are distributed according to the wishes of the grantor or testator.