Draper v Thomason [1954] ScotCS CSIH_1 (26 March 1954)

Draper v Thomason [1954] ScotCS CSIH_1 (26 March 1954)

The letter, wholly in the handwriting of the deceased and signed 'Connie'—the form she customarily used with the recipient—was sufficiently authenticated to constitute a valid holograph will, and its contents unequivocally expressed a present testamentary intention to leave her estate to Billy Draper.

Citation
[1954] ScotCS CSIH_1
Parties
Applicant: Billy Draper; Respondent: Thomason; Respondent: Heir-at-law (second party); Respondent: Heirs in mobilibus (third parties)
Jurisdiction
Scotland
Judgment Date
26 March 1954
Procedural Posture
Special Case (succession/intestacy) / Appellate Judgment
Outcome
question answered in the affirmative; letter held to be a valid holograph will in favour of Billy Draper
Legal Topics
Holograph Wills, Testamentary Intention, Validity of Informal Wills, Signature Requirements
Succession Wills and Probate Property Law Holograph Wills Testamentary Intention Validity of Informal Wills Signature Requirements

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Parties

Billy Draper

Applicant

Thomason

Respondent

Heir-at-law (second party)

Respondent

Heirs in mobilibus (third parties)

Respondent

Procedural Posture

Special Case (succession/intestacy) / Appellate Judgment

Legal Issues

  1. 1 Whether a letter signed only with a Christian name can constitute a valid holograph will under Scots law
  2. 2 Whether the contents of the letter express a present testamentary intention or merely an intention to make a will in the future

Ratio Decidendi

The letter, wholly in the handwriting of the deceased and signed 'Connie'—the form she customarily used with the recipient—was sufficiently authenticated to constitute a valid holograph will, and its contents unequivocally expressed a present testamentary intention to leave her estate to Billy Draper.

Court Disposition

question answered in the affirmative; letter held to be a valid holograph will in favour of Billy Draper

Orders

  • The letter of 17 May 1936 is a valid holograph will constituting a testamentary disposition in favour of Billy Draper.