Rev Smith as Moderator of the General Assembly of the Free Church of Scotland & Ors v Rev Morrison & Ors [2011] ScotCS CSIH_52 (12 August 2011)

Rev Smith as Moderator of the General Assembly of the Free Church of Scotland & Ors v Rev Morrison & Ors [2011] ScotCS CSIH_52 (12 August 2011)

The beneficial interest in the trust property vests in the congregation that remains part of the original voluntary association as defined in the trust deed; those who voluntarily separate from the association lose their right to the property, regardless of adherence to fundamental principles, unless the trust deed provides otherwise.

Citation
[2011] ScotCS CSIH_52
Parties
Pursuers and Respondents: The Reverend Donald Smith as Moderator of the General Assembly of the Free Church of Scotland and Others; Defenders and Reclaimers: The Reverend John Morrison and Others
Jurisdiction
Scotland
Judgment Date
12 August 2011
Procedural Posture
Motion for Review / Reclaiming Motion Against Lord Ordinary's Interlocutor
Outcome
Reclaiming motion refused; Lord Ordinary's interlocutor adhered to.
Legal Topics
Congregational Trusts, Beneficiaries of Religious Trusts, Schism and Property Rights, Voluntary Associations
Trusts and Property Law Ecclesiastical Law Congregational Trusts Beneficiaries of Religious Trusts Schism and Property Rights Voluntary Associations

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Parties

The Reverend Donald Smith as Moderator of the General Assembly of the Free Church of Scotland and Others

Pursuers and Respondents

The Reverend John Morrison and Others

Defenders and Reclaimers

Procedural Posture

Motion for Review / Reclaiming Motion Against Lord Ordinary's Interlocutor

Legal Issues

  1. 1 Whether separation from a voluntary religious association results in forfeiture of rights to trust property
  2. 2 Whether adherence to fundamental principles or continuity of association determines beneficial interest in congregational trust property

Ratio Decidendi

The beneficial interest in the trust property vests in the congregation that remains part of the original voluntary association as defined in the trust deed; those who voluntarily separate from the association lose their right to the property, regardless of adherence to fundamental principles, unless the trust deed provides otherwise.

Court Disposition

Reclaiming motion refused; Lord Ordinary's interlocutor adhered to.

Orders

  • Declarator granted that the subjects are held in trust for the Sleat and Strath Free Church of Scotland congregation.
  • Interdict granted against defenders from entering, altering, letting, or occupying the manse.