Hannah's Trustees v. Hannah [1924] ScotLR 373 (13 March 1924)

Hannah's Trustees v. Hannah [1924] ScotLR 373 (13 March 1924)

The forfeiture clause is inoperative as there are no beneficiaries who accepted the settlement; thus, the trust estate does not fall into intestacy but remains protected for the issue of the children, pending the period of division.

Citation
[1924] ScotLR 373
Parties
First Parties: Mrs Mary Isabella Brown or Hannah and others (testamentary trustees of James Hannah); Second Party: Hector Hannah; Second Party: Andrew Brown Hannah; Third Party: Olive Hannah
Jurisdiction
Scotland
Judgment Date
13 March 1924
Procedural Posture
Special Case (court of Session, Inner House, First Division) / Judgment on Legal Question Regarding Trust Estate Distribution
Outcome
Question of law answered in the negative; the trustees are not bound to denude themselves of the balance of the trust estate in favour of the sons as heirs ab intestato.
Legal Topics
Forfeiture Clause, Legal Rights in Succession, Approbate and Reprobate, Intestacy, Vesting of Estate
Succession Trusts and Estates Forfeiture Clause Legal Rights in Succession Approbate and Reprobate Intestacy Vesting of Estate

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Parties

Mrs Mary Isabella Brown or Hannah and others (testamentary trustees of James Hannah)

First Parties

Hector Hannah

Second Party

Andrew Brown Hannah

Second Party

Olive Hannah

Third Party

Procedural Posture

Special Case (court of Session, Inner House, First Division) / Judgment on Legal Question Regarding Trust Estate Distribution

Legal Issues

  1. 1 Whether the forfeiture clause in the testator's settlement operates when all primary beneficiaries have repudiated their provisions and claimed legal rights
  2. 2 Whether the remainder of the trust estate falls into intestacy or is protected for the issue of the children

Ratio Decidendi

The forfeiture clause is inoperative as there are no beneficiaries who accepted the settlement; thus, the trust estate does not fall into intestacy but remains protected for the issue of the children, pending the period of division.

Court Disposition

Question of law answered in the negative; the trustees are not bound to denude themselves of the balance of the trust estate in favour of the sons as heirs ab intestato.

Orders

  • Trustees to retain the balance of the trust estate pending the period of division and to protect the rights of the issue of the children.