Addison Mann or Povey v Johnstone Robertson Povey [2014] ScotCS CSOH_68 (09 April 2014)

Addison Mann or Povey v Johnstone Robertson Povey [2014] ScotCS CSOH_68 (09 April 2014)

The survivorship special destination was not evacuated before the deceased's death, and the 2009 disposition was not registered prior to death; therefore, title to the deceased's pro indiviso share passed automatically to the pursuer by operation of the special destination. Registration of the disposition after death could not defeat the pursuer's title. The pursuer is entitled to be entered as sole proprietor, and reduction of the 2009 disposition is appropriate.

Citation
[2014] ScotCS CSOH_68
Parties
Pursuer: Isabelle Addison Mann or Povey; First Defender: Dr Gordon Johnstone Robertson Povey as Executor Nominate of the late William Graham Povey; Second Defender: Keeper of the Registers
Jurisdiction
Scotland
Judgment Date
09 April 2014
Procedural Posture
Civil / Procedure Roll Hearing; Preliminary Pleas to Relevancy
Outcome
Decree de plano pronounced in favour of pursuer; pursuer's first and second pleas-in-law sustained; defender's first plea-in-law repelled.
Legal Topics
Survivorship Special Destination, Land Registration, Evacuation of Special Destination, Reduction of Disposition
Property Law Succession Law Survivorship Special Destination Land Registration Evacuation of Special Destination Reduction of Disposition

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Parties

Isabelle Addison Mann or Povey

Pursuer

Dr Gordon Johnstone Robertson Povey as Executor Nominate of the late William Graham Povey

First Defender

Keeper of the Registers

Second Defender

Procedural Posture

Civil / Procedure Roll Hearing; Preliminary Pleas to Relevancy

Legal Issues

  1. 1 Whether title to deceased's pro indiviso share passed automatically to pursuer by operation of survivorship special destination
  2. 2 Whether the 2009 disposition executed by deceased revoked the special destination
  3. 3 Whether registration of disposition after death could defeat pursuer's title

Ratio Decidendi

The survivorship special destination was not evacuated before the deceased's death, and the 2009 disposition was not registered prior to death; therefore, title to the deceased's pro indiviso share passed automatically to the pursuer by operation of the special destination. Registration of the disposition after death could not defeat the pursuer's title. The pursuer is entitled to be entered as sole proprietor, and reduction of the 2009 disposition is appropriate.

Court Disposition

Decree de plano pronounced in favour of pursuer; pursuer's first and second pleas-in-law sustained; defender's first plea-in-law repelled.

Orders

  • Declarator that title to deceased's pro indiviso share passed to pursuer by operation of survivorship special destination
  • Order for pursuer to be entered as sole proprietor in Land Register