ELIZABETH SMYTH AGAINST JOHN CAMPBELL RAFFERTY, WILLIAM SHIELDS HENDERSON, ANGUS DONALD MACKINTOSH MACDONALD [2014] ScotCS CSOH_150 (16 October 2014)

ELIZABETH SMYTH AGAINST JOHN CAMPBELL RAFFERTY, WILLIAM SHIELDS HENDERSON, ANGUS DONALD MACKINTOSH MACDONALD [2014] ScotCS CSOH_150 (16 October 2014)

The court found that Deirdre Romanes had testamentary capacity at the time of executing the codicil and 2010 will, that there was no sufficient evidence of undue influence or facility and circumvention, and that the will and codicil reflected her true intentions, having been executed with independent legal advice and understanding of their effect.

Citation
[2014] ScotCS CSOH_150
Parties
Pursuer: Elizabeth Smyth; Defender: John Campbell Rafferty; Defender: William Shields Henderson; Defender: Angus Donald Mackintosh MacDonald
Jurisdiction
Scotland
Judgment Date
16 October 2014
Procedural Posture
Civil Testamentary Dispute / Opinion Following Proof (trial)
Outcome
Action dismissed
Legal Topics
Testamentary Capacity, Undue Influence, Facility and Circumvention, Reduction of Will, Inheritance
Succession Law Trusts and Estates Testamentary Capacity Undue Influence Facility and Circumvention Reduction of Will Inheritance

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 15 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Elizabeth Smyth

Pursuer

John Campbell Rafferty

Defender

William Shields Henderson

Defender

Angus Donald Mackintosh MacDonald

Defender

Procedural Posture

Civil Testamentary Dispute / Opinion Following Proof (trial)

Legal Issues

  1. 1 Whether Deirdre Romanes had testamentary capacity when executing the codicil and 2010 will
  2. 2 Whether the codicil and 2010 will were procured by undue influence
  3. 3 Whether the codicil and 2010 will were procured by facility and circumvention

Ratio Decidendi

The court found that Deirdre Romanes had testamentary capacity at the time of executing the codicil and 2010 will, that there was no sufficient evidence of undue influence or facility and circumvention, and that the will and codicil reflected her true intentions, having been executed with independent legal advice and understanding of their effect.

Court Disposition

Action dismissed

Orders

  • The pursuer's action for reduction of the codicil and 2010 will is refused.
  • The codicil and 2010 will of Deirdre Romanes are upheld as valid.