Coat's Trs v Coats [1914] ScotCS CSIH_3 (02 June 1914)

Coat's Trs v Coats [1914] ScotCS CSIH_3 (02 June 1914)

Where only one child claims legitim, the doctrine of collation does not apply; the claimant is entitled to one-fifth of one-half of the free executry without deduction or addition for advances made to other children.

Citation
[1914] ScotCS CSIH_3
Parties
Applicant: Coats's Trustees; Respondent: Coats
Jurisdiction
Scotland
Judgment Date
02 June 1914
Procedural Posture
Succession Dispute / Appellate
Outcome
appeal dismissed; question answered in favour of applicant
Legal Topics
Collatio Bonorum Inter Liberos, Legitim Fund, Distribution of Estate, Advances to Children
Succession Law Trusts and Estates Collatio Bonorum Inter Liberos Legitim Fund Distribution of Estate Advances to Children

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Parties

Coats's Trustees

Applicant

Coats

Respondent

Procedural Posture

Succession Dispute / Appellate

Legal Issues

  1. 1 Does the doctrine of collation apply when only one child claims legitim?
  2. 2 Should advances made to all children be brought into account when only one claims legitim?

Ratio Decidendi

Where only one child claims legitim, the doctrine of collation does not apply; the claimant is entitled to one-fifth of one-half of the free executry without deduction or addition for advances made to other children.

Court Disposition

appeal dismissed; question answered in favour of applicant

Orders

  • The child claiming legitim is entitled to £100,000, being one-fifth of one-half of the free executry; collation does not apply.