John Carswell against Elizabeth Skelton and others (Sheriff Court Civil) [2025] SCHAM 54 (11 July 2025)

John Carswell against Elizabeth Skelton and others (Sheriff Court Civil) [2025] SCHAM 54 (11 July 2025)

The court found the letter dated 16 March 2009 was validly subscribed by Jack Carswell, expressed clear and present testamentary intent, and the phrase 'my share of Midtown Farm' referred to his share in the farming business and all associated assets as detailed in the partnership accounts. The letter operates as a codicil to the 1981 will and must receive effect.

Citation
[2025] SCHAM 54
Parties
Pursuer: John Carswell; First Defender: Elizabeth Skelton; Second Defender: Mark Carswell; Third Defender: David Carswell
Jurisdiction
Scotland
Judgment Date
11 July 2025
Procedural Posture
Sheriff Court Civil / Judgment After Proof
Outcome
For the pursuer. The letter of 16 March 2009 is a valid testamentary document and codicil to the 1981 will; the phrase 'my share of Midtown Farm' includes all business assets as detailed in the partnership accounts.
Legal Topics
Testamentary Capacity, Requirements of Writing (scotland) Act 1995, Interpretation of Wills, Validity of Codicil, Bequest of Partnership Assets
Succession Law Wills and Probate Property Law Testamentary Capacity Requirements of Writing (scotland) Act 1995 Interpretation of Wills Validity of Codicil Bequest of Partnership Assets

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Parties

John Carswell

Pursuer

Elizabeth Skelton

First Defender

Mark Carswell

Second Defender

David Carswell

Third Defender

Procedural Posture

Sheriff Court Civil / Judgment After Proof

Legal Issues

  1. 1 Whether the letter dated 16 March 2009 was subscribed by Jack Carswell as required by law
  2. 2 Whether the letter was intended to have testamentary effect
  3. 3 The meaning of the phrase 'my share of Midtown Farm' in the letter

Ratio Decidendi

The court found the letter dated 16 March 2009 was validly subscribed by Jack Carswell, expressed clear and present testamentary intent, and the phrase 'my share of Midtown Farm' referred to his share in the farming business and all associated assets as detailed in the partnership accounts. The letter operates as a codicil to the 1981 will and must receive effect.

Court Disposition

For the pursuer. The letter of 16 March 2009 is a valid testamentary document and codicil to the 1981 will; the phrase 'my share of Midtown Farm' includes all business assets as detailed in the partnership accounts.

Orders

  • Finds and declares the letter of 16 March 2009 is a valid testamentary document and codicil to the 1981 will.
  • Endorses the 2009 codicil with a certificate of subscription under s4(1) of the Requirements of Writing (Scotland) Act 1995.