MICHAEL JAMES MESTON REID JUDICIAL FACTOR OVER THE ESTATE OF M FOR DIRECTIONS [2023] ScotCS CSIH_33 (22 August 2023)

MICHAEL JAMES MESTON REID JUDICIAL FACTOR OVER THE ESTATE OF M FOR DIRECTIONS [2023] ScotCS CSIH_33 (22 August 2023)

The judicial factory terminated by operation of law when the first respondent attained age 16 under Scots law, notwithstanding his habitual residence in England where the age of legal capacity is 18. The petitioner is bound to comply with the first respondent's instructions to transfer the estate assets to trustees to be held in a bare trust for his benefit until age 18, as this is competent in law and appropriate in the circumstances. There is no need to notify the High Court in England under CPR rule 21.13.

Citation
[2023] ScotCS CSIH_33
Parties
Petitioner: Michael James Meston Reid; First Respondent: M (the first respondent); Second Respondent: Ms Z (the second respondent)
Jurisdiction
Scotland
Judgment Date
22 August 2023
Procedural Posture
Petition for Directions (judicial Factor) / Court of Session (inner House) Opinion and Directions
Outcome
Petitioner's questions answered; directions given; expenses to be met out of the factory estate.
Legal Topics
Judicial Factors, Legal Capacity of Minors, Cross Border Estate Administration, Termination of Judicial Factory, Bare Trusts
Trusts and Estates Family Law Private International Law Judicial Factors Legal Capacity of Minors Cross Border Estate Administration Termination of Judicial Factory Bare Trusts

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Parties

Michael James Meston Reid

Petitioner

M (the first respondent)

First Respondent

Ms Z (the second respondent)

Second Respondent

Procedural Posture

Petition for Directions (judicial Factor) / Court of Session (inner House) Opinion and Directions

Legal Issues

  1. 1 Whether the judicial factor is bound or entitled to transfer estate assets to the first respondent or to trustees for his benefit upon attaining age 16 under Scots law but before age 18 under English law
  2. 2 Whether the judicial factory continues until age 18 due to the first respondent's habitual residence in England
  3. 3 Whether the court should notify the High Court in England under CPR rule 21.13

Ratio Decidendi

The judicial factory terminated by operation of law when the first respondent attained age 16 under Scots law, notwithstanding his habitual residence in England where the age of legal capacity is 18. The petitioner is bound to comply with the first respondent's instructions to transfer the estate assets to trustees to be held in a bare trust for his benefit until age 18, as this is competent in law and appropriate in the circumstances. There is no need to notify the High Court in England under CPR rule 21.13.

Court Disposition

Petitioner's questions answered; directions given; expenses to be met out of the factory estate.

Orders

  • Petitioner is bound to comply with the first respondent's instructions to transfer the entire heritable and moveable assets in the estate located in Scotland and in England and Wales to the second respondent and another to be held in a bare trust for the first respondent pending his attaining age 18.
  • Petitioner is not bound or entitled to continue in office until the first respondent attains age 18.