Fulton & Ors v Muir [2017] ScotCS CSOH_25 (15 February 2017)

Fulton & Ors v Muir [2017] ScotCS CSOH_25 (15 February 2017)

The disputed writing only created a bequest payable if Mrs Gray survived her husband. Since Mrs Gray died before Mr Gray, the condition was not purified and the legacy is not payable. The disputed writing was not impliedly revoked by the second codicil, and the executor's signature constituted approbation under the first codicil.

Citation
[2017] ScotCS CSOH_25
Parties
Pursuers: Robin David Fulton & Others; Defender: Keith Muir
Jurisdiction
Scotland
Judgment Date
15 February 2017
Procedural Posture
Civil / Proof Before Answer; Final Judgment
Outcome
Declarator granted in favour of pursuers; bequest not payable.
Legal Topics
Interpretation of Testamentary Documents, Conditional Bequests, Revocation of Testamentary Instruments
Succession Law Wills and Probate Interpretation of Testamentary Documents Conditional Bequests Revocation of Testamentary Instruments

Case Brief

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Parties

Robin David Fulton & Others

Pursuers

Keith Muir

Defender

Procedural Posture

Civil / Proof Before Answer; Final Judgment

Legal Issues

  1. 1 Whether an informal writing left by the testator constitutes a valid testamentary direction
  2. 2 Interpretation of the condition 'after my death & my husbands' in the disputed writing
  3. 3 Whether the disputed writing was impliedly revoked by a subsequent codicil

Ratio Decidendi

The disputed writing only created a bequest payable if Mrs Gray survived her husband. Since Mrs Gray died before Mr Gray, the condition was not purified and the legacy is not payable. The disputed writing was not impliedly revoked by the second codicil, and the executor's signature constituted approbation under the first codicil.

Court Disposition

Declarator granted in favour of pursuers; bequest not payable.

Orders

  • Sustained pursuers’ first plea-in-law
  • Repelled defender’s pleas