Hann (AP) v Howatson [2014] ScotCS CSOH_69 (11 April 2014)

Hann (AP) v Howatson [2014] ScotCS CSOH_69 (11 April 2014)

The prior personal obligation undertaken by Doris to convey Powfoot Hall to James was binding and enforceable, rendering her subsequent testamentary bequest to George invalid to the extent of the property; the case turns on the principles in Paterson v Paterson, not on the 'offside goal rule' from Rodger v Fawdry, as there was no issue of bad faith.

Citation
[2014] ScotCS CSOH_69
Parties
Pursuer: George Hann; Defender: Jennifer Rosalyn Spence Howatson
Jurisdiction
Scotland
Judgment Date
11 April 2014
Procedural Posture
Civil Action for Reduction of Will and Confirmation / Interlocutory Judgment on Relevancy and Admissibility of Averments
Outcome
Partial sustaining of defender's plea-in-law; exclusion of averments of bad faith from probation; remainder of record sent for proof before answer; expenses reserved.
Legal Topics
Reduction of Testamentary Deeds, Prior Personal Obligations, Offside Goal Rule, Bad Faith in Succession
Succession Law Property Law Reduction of Testamentary Deeds Prior Personal Obligations Offside Goal Rule Bad Faith in Succession

Case Brief

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Parties

George Hann

Pursuer

Jennifer Rosalyn Spence Howatson

Defender

Procedural Posture

Civil Action for Reduction of Will and Confirmation / Interlocutory Judgment on Relevancy and Admissibility of Averments

Legal Issues

  1. 1 Whether a prior personal obligation to convey property defeats a subsequent testamentary bequest
  2. 2 Applicability of the 'offside goal rule' to gratuitous bequests
  3. 3 Relevancy of averments of bad faith in the context of succession

Ratio Decidendi

The prior personal obligation undertaken by Doris to convey Powfoot Hall to James was binding and enforceable, rendering her subsequent testamentary bequest to George invalid to the extent of the property; the case turns on the principles in Paterson v Paterson, not on the 'offside goal rule' from Rodger v Fawdry, as there was no issue of bad faith.

Court Disposition

Partial sustaining of defender's plea-in-law; exclusion of averments of bad faith from probation; remainder of record sent for proof before answer; expenses reserved.

Orders

  • Words 'in bad faith and' on line 10 of article 5 of the condescendence excluded from probation.
  • Defender's second plea-in-law sustained in part.