Forsyth & Anor v National Kidney Research Fund & Ors [2006] ScotCS CSIH_35 (13 June 2006)

Forsyth & Anor v National Kidney Research Fund & Ors [2006] ScotCS CSIH_35 (13 June 2006)

Clause Five was intended to dispose of the whole residue of the estate, with the fractions in (one) to (nine) adding up to the whole. The charitable bequests in (two) to (nine) are freestanding and should be read as shares of the residue, not contingent on the survivance provision in (one).

Citation
[2006] ScotCS CSIH_35
Parties
Petitioners: William James Bilsland Forsyth and Another; Respondents: National Kidney Research Fund and Others
Jurisdiction
Scotland
Judgment Date
13 June 2006
Procedural Posture
Petition for Directions (executry) / Court of Session, Inner House, Opinion
Outcome
Petition granted in favour of first alternative; executors may distribute residue to charities as specified.
Legal Topics
Construction of Wills, Intestacy, Charitable Legacies, Executors' Directions
Wills and Succession Trusts and Estates Construction of Wills Intestacy Charitable Legacies Executors' Directions

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Parties

William James Bilsland Forsyth and Another

Petitioners

National Kidney Research Fund and Others

Respondents

Procedural Posture

Petition for Directions (executry) / Court of Session, Inner House, Opinion

Legal Issues

  1. 1 Whether the residue of the estate not bequeathed in Clause Five (one) should be distributed to the charities in Clause Five (two) to (nine) or as intestate estate.

Ratio Decidendi

Clause Five was intended to dispose of the whole residue of the estate, with the fractions in (one) to (nine) adding up to the whole. The charitable bequests in (two) to (nine) are freestanding and should be read as shares of the residue, not contingent on the survivance provision in (one).

Court Disposition

Petition granted in favour of first alternative; executors may distribute residue to charities as specified.

Orders

  • Executors may distribute the part of the residue not bequeathed in Clause Five (one) to the beneficiaries in Clause Five (two) to (nine) as specified.
  • No distribution as intestate estate required.