LESLEY CURRIE AGAINST SUSAN JANE BLAIR [2022] ScotCS CSOH_88 (10 February 2022)

LESLEY CURRIE AGAINST SUSAN JANE BLAIR [2022] ScotCS CSOH_88 (10 February 2022)

A beneficiary has no title to sue an attorney for an account of intromissions with the deceased's assets prior to death; the duty to account is owed to the deceased or, after death, to the executor. The executor-nominate is not obliged to seek an account from herself as former attorney for the benefit of a beneficiary. The pursuer's claim is incompetent as it seeks to determine the composition of the estate, which is the exclusive right of the executor.

Citation
[2022] ScotCS CSOH_88
Parties
Pursuer: Lesley Currie; Defender: Susan Jane Blair
Jurisdiction
Scotland
Judgment Date
10 February 2022
Procedural Posture
Civil Succession / Estate Dispute / Procedure Roll Preliminary Plea to Relevancy
Outcome
First conclusion dismissed as unnecessary; second conclusion held incompetent and dismissed.
Legal Topics
Beneficiaries' Rights, Executor's Duties, Attorney's Duty to Account, Title to Sue, Estate Administration
Succession Law Trusts and Estates Powers of Attorney Beneficiaries' Rights Executor's Duties Attorney's Duty to Account Title to Sue Estate Administration

Case Brief

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Parties

Lesley Currie

Pursuer

Susan Jane Blair

Defender

Procedural Posture

Civil Succession / Estate Dispute / Procedure Roll Preliminary Plea to Relevancy

Legal Issues

  1. 1 Whether a beneficiary has title to sue an attorney for an account of intromissions with the deceased's assets prior to death
  2. 2 Whether the executor-nominate is obliged to seek an account from herself as former attorney for the benefit of a beneficiary

Ratio Decidendi

A beneficiary has no title to sue an attorney for an account of intromissions with the deceased's assets prior to death; the duty to account is owed to the deceased or, after death, to the executor. The executor-nominate is not obliged to seek an account from herself as former attorney for the benefit of a beneficiary. The pursuer's claim is incompetent as it seeks to determine the composition of the estate, which is the exclusive right of the executor.

Court Disposition

First conclusion dismissed as unnecessary; second conclusion held incompetent and dismissed.

Orders

  • Dismissal of first conclusion (production of will) by joint motion of parties
  • Dismissal of second conclusion (account/payment by attorney) as incompetent