MacDonald v Cowie [2015] ScotCS CSOH_101 (29 July 2015)

MacDonald v Cowie [2015] ScotCS CSOH_101 (29 July 2015)

The Writing did not create an enforceable obligation or binding promise to convey the house to the pursuer; it was an expression of intention (resolution) and not engagement, and the surrounding circumstances did not elevate it to a binding promise.

Citation
[2015] ScotCS CSOH_101
Parties
Pursuer: Michael Alexander MacDonald; Defender: Helen June Cowie, Executrix Nominate of the late Mrs Hazel Annie Margaret Moir
Jurisdiction
Scotland
Judgment Date
29 July 2015
Procedural Posture
Civil Declarator and Damages / Judgment After Proof Before Answer
Outcome
Pursuer's action dismissed; defender's counterclaim dismissed.
Legal Topics
Inter Vivos Gifts, Testamentary Intention, Promise in Scots Law, Undue Influence, Interpretation of Unilateral Documents
Succession Law Property Law Inter Vivos Gifts Testamentary Intention Promise in Scots Law Undue Influence Interpretation of Unilateral Documents

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Parties

Michael Alexander MacDonald

Pursuer

Helen June Cowie, Executrix Nominate of the late Mrs Hazel Annie Margaret Moir

Defender

Procedural Posture

Civil Declarator and Damages / Judgment After Proof Before Answer

Legal Issues

  1. 1 Whether the Writing constituted an enforceable inter vivos gift of heritable property
  2. 2 Whether the deceased entered into a binding promise to convey the house to the pursuer
  3. 3 Whether delivery or capacity issues affected the enforceability of the Writing

Ratio Decidendi

The Writing did not create an enforceable obligation or binding promise to convey the house to the pursuer; it was an expression of intention (resolution) and not engagement, and the surrounding circumstances did not elevate it to a binding promise.

Court Disposition

Pursuer's action dismissed; defender's counterclaim dismissed.

Orders

  • Repel pursuer’s pleas-in-law.
  • Sustain defender’s third plea-in-law and grant decree of absolvitor.