Salvesen's Trustees [1992] ScotCS CSIH_4 (28 May 1992)

Salvesen's Trustees [1992] ScotCS CSIH_4 (28 May 1992)

Section 23(1) of the Succession (Scotland) Act 1964, as amended, applies to the 1968 trust arrangement, and adopted children, including those adopted overseas after the arrangement, are to be treated as children of the adopter for all purposes relating to the trust. Section 23(2) does not restrict this general rule.

Citation
[1992] ScotCS CSIH_4
Parties
Petitioners: Salvesen's Trustees; Interested Party: Curator ad litem to the adopted children; Interested Party: Curator ad litem to the natural grandchildren
Jurisdiction
Scotland
Judgment Date
28 May 1992
Procedural Posture
Petition for Directions Under Trust Law / Court of Session Inner House, Opinion of the Court
Outcome
Petition granted; directions given in the affirmative to both questions posed by the trustees.
Legal Topics
Construction of Trust Deeds, Adoption and Succession Rights, Overseas Adoptions, Interpretation of Succession (scotland) Act 1964
Trusts and Estates Succession Law Family Law Construction of Trust Deeds Adoption and Succession Rights Overseas Adoptions Interpretation of Succession (scotland) Act 1964

Case Brief

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Parties

Salvesen's Trustees

Petitioners

Curator ad litem to the adopted children

Interested Party

Curator ad litem to the natural grandchildren

Interested Party

Procedural Posture

Petition for Directions Under Trust Law / Court of Session Inner House, Opinion of the Court

Legal Issues

  1. 1 Whether children adopted overseas after the execution of a trust deed are included as beneficiaries under the trust for the purposes of references to 'children' and 'issue' of the adopter.
  2. 2 Whether the amendments to section 23 of the Succession (Scotland) Act 1964 apply to overseas adoptions effected after the trust arrangement.

Ratio Decidendi

Section 23(1) of the Succession (Scotland) Act 1964, as amended, applies to the 1968 trust arrangement, and adopted children, including those adopted overseas after the arrangement, are to be treated as children of the adopter for all purposes relating to the trust. Section 23(2) does not restrict this general rule.

Court Disposition

Petition granted; directions given in the affirmative to both questions posed by the trustees.

Orders

  • Trustees directed to treat adopted children, including those adopted overseas after the trust arrangement, as children of the adopter for all purposes of the trust.