Bertram's Trustees v. Bertrams [1909] ScotLR 865 (07 July 1909)

Bertram's Trustees v. Bertrams [1909] ScotLR 865 (07 July 1909)

The trust deed was revocable because the truster had not married and had no children, so no other party had acquired a vested interest or jus quaesitum. The provisions in favour of the brother and step-sister were purely testamentary and did not create present rights. The truster retained the power to revoke the deed and require the trustees to denude in his favour.

Citation
[1909] ScotLR 865
Parties
First Parties (trustees): Bertram's Trustees; Second Party (truster/applicant): Norman Stewart Bertram; Third Party (brother): David Stanley Bertram; Fourth Parties (step Sister and Guardian): Dorys Jessie Bertram and Mrs Hannah Isabella Chambers or Bertram (guardian)
Jurisdiction
Scotland
Judgment Date
07 July 1909
Procedural Posture
Special Case (court of Session, Inner House, Second Division) / Judgment on Legal Questions Regarding Revocability of Trust Deed
Outcome
Trust deed held revocable; trustees required to denude in favour of truster.
Legal Topics
Revocability of Inter Vivos Trusts, Alimentary Liferent, Testamentary Disposition, Beneficial Interest
Trusts and Estates Property Law Revocability of Inter Vivos Trusts Alimentary Liferent Testamentary Disposition Beneficial Interest

Case Brief

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Parties

Bertram's Trustees

First Parties (trustees)

Norman Stewart Bertram

Second Party (truster/applicant)

David Stanley Bertram

Third Party (brother)

Dorys Jessie Bertram and Mrs Hannah Isabella Chambers or Bertram (guardian)

Fourth Parties (step Sister and Guardian)

Procedural Posture

Special Case (court of Session, Inner House, Second Division) / Judgment on Legal Questions Regarding Revocability of Trust Deed

Legal Issues

  1. 1 Is the deed of trust revocable by the truster?
  2. 2 Is the alimentary liferent interest of the truster assignable?

Ratio Decidendi

The trust deed was revocable because the truster had not married and had no children, so no other party had acquired a vested interest or jus quaesitum. The provisions in favour of the brother and step-sister were purely testamentary and did not create present rights. The truster retained the power to revoke the deed and require the trustees to denude in his favour.

Court Disposition

Trust deed held revocable; trustees required to denude in favour of truster.

Orders

  • First legal question (revocability) answered in the affirmative.
  • Other questions found unnecessary to answer.