Pringle v Pringle [1999] ScotCS 262 (5 November 1999)

Pringle v Pringle [1999] ScotCS 262 (5 November 1999)

The defender, having been convicted of culpable homicide and not having applied for modification under the Forfeiture Act 1982, is precluded from benefiting from the deceased's estate or the proceeds of the life assurance policies. The pursuer as executor dative is entitled to relief for sums paid out to reduce the defender's liabilities and to insist on the sale of the heritable property and payment of proceeds as craved.

Citation
[1999] ScotCS 262
Parties
Pursuer and Respondent: Mark David Pringle; Defender and Appellant: Bryan Pringle
Jurisdiction
Scotland
Judgment Date
05 November 1999
Procedural Posture
Appeal / Appeal From Interlocutor of Sheriff Principal Refusing Appeal Against Sheriff's Decree
Outcome
Appeal refused; interlocutors of sheriff principal and sheriff adhered to.
Legal Topics
Forfeiture Rule, Life Assurance Policies, Executor Dative Rights, Division and Sale of Heritable Property, Culpable Homicide and Inheritance, Assignation of Insurance Proceeds
Succession Law Property Law Insurance Law Criminal Law Forfeiture Rule Life Assurance Policies Executor Dative Rights Division and Sale of Heritable Property +2 more

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Parties

Mark David Pringle

Pursuer and Respondent

Bryan Pringle

Defender and Appellant

Procedural Posture

Appeal / Appeal From Interlocutor of Sheriff Principal Refusing Appeal Against Sheriff's Decree

Legal Issues

  1. 1 Whether the defender is entitled to benefit from life assurance policies after being convicted of culpable homicide of the deceased
  2. 2 Whether the pursuer as executor dative is entitled to relief for sums paid out to reduce the defender's liabilities
  3. 3 Whether the action is competently raised and relevantly averred

Ratio Decidendi

The defender, having been convicted of culpable homicide and not having applied for modification under the Forfeiture Act 1982, is precluded from benefiting from the deceased's estate or the proceeds of the life assurance policies. The pursuer as executor dative is entitled to relief for sums paid out to reduce the defender's liabilities and to insist on the sale of the heritable property and payment of proceeds as craved.

Court Disposition

Appeal refused; interlocutors of sheriff principal and sheriff adhered to.

Orders

  • Refusal of appeal
  • Adherence to interlocutors of sheriff principal dated 15 March 1999 and sheriff dated 27 November 1998