Boyle & Anor v Wilson & Anor [1999] ScotCS 72 (12 March 1999)

Boyle & Anor v Wilson & Anor [1999] ScotCS 72 (12 March 1999)

The court found, on the medical evidence, that Mrs Kerr Boyle lacked testamentary capacity at the time of executing the July Will and was thus incapax, rendering the Will void. Alternatively, even if capacity were not lacking, the Will was procured by the defender's undue influence and Mrs Kerr Boyle's facility, justifying reduction.

Citation
[1999] ScotCS 72
Parties
Pursuer: Alasdair Cockburn Kerr Boyle; Pursuer: Angus Lorimer Kerr Boyle; First Defender: Ronald E. Wilson; Second Defender: Ann Kerr Boyle; Third Defender: Neula Kerr Boyle
Jurisdiction
Scotland
Judgment Date
12 March 1999
Procedural Posture
Civil Testamentary/probate / First Instance Court of Session (outer House)
Outcome
Decree of reduction granted; July Will declared void.
Legal Topics
Testamentary Capacity, Undue Influence, Facility and Circumvention, Reduction of Will
Succession Probate Mental Capacity Testamentary Capacity Undue Influence Facility and Circumvention Reduction of Will

Case Brief

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Parties

Alasdair Cockburn Kerr Boyle

Pursuer

Angus Lorimer Kerr Boyle

Pursuer

Ronald E. Wilson

First Defender

Ann Kerr Boyle

Second Defender

Neula Kerr Boyle

Third Defender

Procedural Posture

Civil Testamentary/probate / First Instance Court of Session (outer House)

Legal Issues

  1. 1 Whether Mrs Kerr Boyle had testamentary capacity at the time of executing the July Will
  2. 2 Whether the July Will was procured by facility and undue influence

Ratio Decidendi

The court found, on the medical evidence, that Mrs Kerr Boyle lacked testamentary capacity at the time of executing the July Will and was thus incapax, rendering the Will void. Alternatively, even if capacity were not lacking, the Will was procured by the defender's undue influence and Mrs Kerr Boyle's facility, justifying reduction.

Court Disposition

Decree of reduction granted; July Will declared void.

Orders

  • Decree reducing the pretended Will referred to in the first conclusion of the summons.