Campbell v. M'Innes and Another [1904] ScotLR 41_301 (12 January 1904)

Campbell v. M'Innes and Another [1904] ScotLR 41_301 (12 January 1904)

The pursuer is entitled to remuneration from the ward's estate only for services rendered in good faith and on reasonable grounds with a view to obtaining recall of the curatory; charges for preparing a will and general advice on investments are not allowable against the estate in the absence of special circumstances.

Citation
[1904] ScotLR 41_301
Parties
Pursuer: Alexander Campbell; Defender (curator Bonis): John Wilson; Defender (ward): Andrew M'Innes
Jurisdiction
Scotland
Judgment Date
12 January 1904
Procedural Posture
Civil Agent and Client Remuneration / Judgment at First Instance (outer House, Court of Session)
Outcome
Partially allowed
Legal Topics
Curator Bonis, Remuneration of Law Agents, Capacity of Wards, Recall of Curatory, Trust Disposition, Professional Services
Civil Law Mental Health Law Professional Remuneration Curator Bonis Remuneration of Law Agents Capacity of Wards Recall of Curatory Trust Disposition +1 more

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Parties

Alexander Campbell

Pursuer

John Wilson

Defender (curator Bonis)

Andrew M'Innes

Defender (ward)

Procedural Posture

Civil Agent and Client Remuneration / Judgment at First Instance (outer House, Court of Session)

Legal Issues

  1. 1 Is a law-agent entitled to remuneration from a ward's estate for services rendered on the ward's instructions while under curatory?
  2. 2 Does the entitlement extend to services beyond those directly related to recall of the curatory, such as preparing a will or advising on investments?

Ratio Decidendi

The pursuer is entitled to remuneration from the ward's estate only for services rendered in good faith and on reasonable grounds with a view to obtaining recall of the curatory; charges for preparing a will and general advice on investments are not allowable against the estate in the absence of special circumstances.

Court Disposition

Partially allowed

Orders

  • The account sued for is a valid charge against the estate of Andrew M'Innes only insofar as it relates to services rendered with a view to obtaining recall of the curatory.
  • The account is remitted to the Auditor for taxation.