Horne & Anor v.Whyte & Ors [2005] ScotCS CSOH_115 (23 August 2005)

Horne & Anor v.Whyte & Ors [2005] ScotCS CSOH_115 (23 August 2005)

The court found that the deceased was in a state of considerable facility at the time the codicil was made, was heavily dependent on the defender, and that the codicil was procured by circumvention and undue influence. The defender's influence over the deceased was such as to disable him from making independent decisions, and the circumstances supported the inference that the codicil was impetrated by her influence and actions.

Citation
[2005] ScotCS CSOH_115
Parties
Pursuer: Mrs Joyce Heather Horne and Another; Defender: Mrs Gail Miriam Whyte and Others
Jurisdiction
Scotland
Judgment Date
23 August 2005
Procedural Posture
Civil Reduction of Testamentary Document / Judgment After Proof
Outcome
Codicil reduced (set aside)
Legal Topics
Reduction of Testamentary Documents, Facility and Circumvention, Undue Influence, Testamentary Capacity
Succession Law Civil Procedure Reduction of Testamentary Documents Facility and Circumvention Undue Influence Testamentary Capacity

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Parties

Mrs Joyce Heather Horne and Another

Pursuer

Mrs Gail Miriam Whyte and Others

Defender

Procedural Posture

Civil Reduction of Testamentary Document / Judgment After Proof

Legal Issues

  1. 1 Whether the codicil to the deceased's will should be reduced on grounds of facility and circumvention and/or undue influence.

Ratio Decidendi

The court found that the deceased was in a state of considerable facility at the time the codicil was made, was heavily dependent on the defender, and that the codicil was procured by circumvention and undue influence. The defender's influence over the deceased was such as to disable him from making independent decisions, and the circumstances supported the inference that the codicil was impetrated by her influence and actions.

Court Disposition

Codicil reduced (set aside)

Orders

  • The codicil dated 19 June 1998 is reduced and set aside.