Coats' Trustees v. Coats [1914] ScotLR 690 (02 June 1914)

Coats' Trustees v. Coats [1914] ScotLR 690 (02 June 1914)

Where only one child claims legitim, the doctrine of collation does not apply; the legitim fund is one-half of the moveable estate at death, and the claimant is entitled to a pro rata share without addition for advances to herself or other children.

Citation
[1914] ScotLR 690
Parties
First Parties: William Hodge Coats, John Alexander Spens, and Ernest Symington Coats (Trustees of Archibald Coats); Second Party: Miss Evelyn Dudley Coats; Third Parties: William Hodge Coats and others (children or representatives of Archibald Coats other than Miss Evelyn Coats); Fourth and Fifth Parties: Children of two married daughters of Archibald Coats
Jurisdiction
Scotland
Judgment Date
02 June 1914
Procedural Posture
Special Case (court of Session, Inner House, First Division) / Judgment on Legal Questions Regarding Calculation of Legitim
Outcome
Judgment for the first, third, fourth, and fifth parties; claim of second party limited to one-fifth of one-half of the moveable estate at death.
Legal Topics
Legitim, Collatio Bonorum Inter Liberos, Advances to Children, Calculation of Legitim Fund
Succession Law Family Law Legitim Collatio Bonorum Inter Liberos Advances to Children Calculation of Legitim Fund

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Parties

William Hodge Coats, John Alexander Spens, and Ernest Symington Coats (Trustees of Archibald Coats)

First Parties

Miss Evelyn Dudley Coats

Second Party

William Hodge Coats and others (children or representatives of Archibald Coats other than Miss Evelyn Coats)

Third Parties

Children of two married daughters of Archibald Coats

Fourth and Fifth Parties

Procedural Posture

Special Case (court of Session, Inner House, First Division) / Judgment on Legal Questions Regarding Calculation of Legitim

Legal Issues

  1. 1 How should the legitim fund be calculated when only one child claims legitim and others accept testamentary provisions?
  2. 2 Does the doctrine of collatio bonorum inter liberos require advances to all children to be included in the legitim fund calculation when only one child claims?

Ratio Decidendi

Where only one child claims legitim, the doctrine of collation does not apply; the legitim fund is one-half of the moveable estate at death, and the claimant is entitled to a pro rata share without addition for advances to herself or other children.

Court Disposition

Judgment for the first, third, fourth, and fifth parties; claim of second party limited to one-fifth of one-half of the moveable estate at death.

Orders

  • The legitim fund is one-half of the moveable estate at death; advances to children are not to be added unless more than one child claims.
  • Second party entitled to one-fifth of one-half of the moveable estate, with no deduction or addition for advances.