KERR v MANGAN & Ors [2014] ScotCS CSIH_69 (25 July 2014)

KERR v MANGAN & Ors [2014] ScotCS CSIH_69 (25 July 2014)

Section 29 of the Family Law (Scotland) Act 2006 does not extend to heritable property situated outside Scotland. The net intestate estate for the purposes of a cohabitant's claim is limited to property governed by Scots law of succession, excluding foreign immoveables. The sheriff principal was correct to exclude the Irish property, and as a result, there was no net intestate estate from which an award could be made.

Citation
[2014] ScotCS CSIH_69
Parties
Pursuer and Appellant: Margaret Rose Kerr; First Defender and Respondent: Paul Mangan; Second Defender and Respondent: Charles Mangan; Third Defender and Respondent: Anthony Joseph Mangan; Fourth Defender and Respondent: Mary Theresa Mangan; Fifth Defender and Respondent: Elizabeth Gallacher
Jurisdiction
Scotland
Judgment Date
25 July 2014
Procedural Posture
Appeal / Court of Session, Inner House (extra Division)
Outcome
Appeal refused
Legal Topics
Intestate Succession, Cohabitant's Rights, Conflict of Laws, Heritable Property Abroad, Statutory Interpretation
Succession Law Family Law Private International Law Intestate Succession Cohabitant's Rights Conflict of Laws Heritable Property Abroad Statutory Interpretation

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Parties

Margaret Rose Kerr

Pursuer and Appellant

Paul Mangan

First Defender and Respondent

Charles Mangan

Second Defender and Respondent

Anthony Joseph Mangan

Third Defender and Respondent

Mary Theresa Mangan

Fourth Defender and Respondent

Elizabeth Gallacher

Fifth Defender and Respondent

Procedural Posture

Appeal / Court of Session, Inner House (extra Division)

Legal Issues

  1. 1 Whether 'net intestate estate' under section 29 of the Family Law (Scotland) Act 2006 includes heritable property situated outside Scotland (specifically, Ireland)
  2. 2 Whether the sheriff principal was correct to exclude foreign heritable property from the calculation of the net intestate estate for the purposes of a cohabitant's claim

Ratio Decidendi

Section 29 of the Family Law (Scotland) Act 2006 does not extend to heritable property situated outside Scotland. The net intestate estate for the purposes of a cohabitant's claim is limited to property governed by Scots law of succession, excluding foreign immoveables. The sheriff principal was correct to exclude the Irish property, and as a result, there was no net intestate estate from which an award could be made.

Court Disposition

Appeal refused

Orders

  • No award to the appellant; the sheriff principal's decision stands; no payment to be made from the estate to the appellant.