Garioch and Another (Garioch's Trustees) and Others [1917] ScotLR 304 (02 March 1917)

Garioch and Another (Garioch's Trustees) and Others [1917] ScotLR 304 (02 March 1917)

There was nothing in the mutual settlement and codicil to constitute a binding contract restricting the survivor's testamentary powers; therefore, James Garioch was entitled to dispose of his estate by will, and his later will was valid.

Citation
[1917] ScotLR 304
Parties
First Parties (trustees and Beneficiaries Under Mutual Settlement and Codicil): Peter Grant Garioch, Alexander Wood, John Grant Garioch, John Wood; Second Parties (executors and Legatees Under James Garioch's Last Will): William Gordon Garioch, Peter Adam Garioch
Jurisdiction
Scotland
Judgment Date
02 March 1917
Procedural Posture
Special Case / Inner House, Second Division, Court of Session
Outcome
The will of James Garioch executed on 6th January 1916 is valid to convey the estate in dispute to the second parties as executors and legatees.
Legal Topics
Mutual Settlement, Power of Survivor to Revoke, Irrevocability of Testamentary Dispositions, Contractual Wills
Succession Testamentary Writings Mutual Settlement Power of Survivor to Revoke Irrevocability of Testamentary Dispositions Contractual Wills

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Parties

Peter Grant Garioch, Alexander Wood, John Grant Garioch, John Wood

First Parties (trustees and Beneficiaries Under Mutual Settlement and Codicil)

William Gordon Garioch, Peter Adam Garioch

Second Parties (executors and Legatees Under James Garioch's Last Will)

Procedural Posture

Special Case / Inner House, Second Division, Court of Session

Legal Issues

  1. 1 Whether the mutual settlement and codicil between spouses constituted an irrevocable contract restricting the survivor's testamentary powers
  2. 2 Whether James Garioch's later will validly defeated the destination in the codicil

Ratio Decidendi

There was nothing in the mutual settlement and codicil to constitute a binding contract restricting the survivor's testamentary powers; therefore, James Garioch was entitled to dispose of his estate by will, and his later will was valid.

Court Disposition

The will of James Garioch executed on 6th January 1916 is valid to convey the estate in dispute to the second parties as executors and legatees.

Orders

  • First question answered in the affirmative: the will is valid and effective.