Watson v. [2004] ScotSC 18 (09 March 2004)

Watson v. [2004] ScotSC 18 (09 March 2004)

The petition is correctly brought by the petitioner alone, as the law to be applied is that prior to the 1964 Act, and the administrative continuity of the trust requires service of a single heir of provision in trust, not all intestate heirs.

Citation
[2004] ScotSC 18
Parties
Petitioner: Duncan Watson
Jurisdiction
Scotland
Judgment Date
09 March 2004
Procedural Posture
Petition Under Section 6 of the Law Reform (miscellaneous Provisions) (scotland) Act 1980 / Judgment After Hearing on Sufficiency of Proof and Legal Entitlement
Outcome
Petition granted
Legal Topics
Service of Heir of Provision in Trust, Interpretation of 'heir' Under Trust Law, Effect of Succession (scotland) Act 1964 on Trust Administration
Trusts and Estates Succession Law Service of Heir of Provision in Trust Interpretation of 'heir' Under Trust Law Effect of Succession (scotland) Act 1964 on Trust Administration

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Parties

Duncan Watson

Petitioner

Procedural Posture

Petition Under Section 6 of the Law Reform (miscellaneous Provisions) (scotland) Act 1980 / Judgment After Hearing on Sufficiency of Proof and Legal Entitlement

Legal Issues

  1. 1 Whether the identity of the 'heir' of the last surviving trustee for the purposes of section 6 of the 1980 Act is to be ascertained by reference to the law of succession before or after the Succession (Scotland) Act 1964
  2. 2 Whether the petition should be brought by the petitioner alone or by all children as heirs

Ratio Decidendi

The petition is correctly brought by the petitioner alone, as the law to be applied is that prior to the 1964 Act, and the administrative continuity of the trust requires service of a single heir of provision in trust, not all intestate heirs.

Court Disposition

Petition granted

Orders

  • Accepts as sufficient proof the affidavits and documents submitted
  • Finds the facts stated in the petition proved