Coupar's JF v Valentine [1975] ScotCS CSOH_5 (04 December 1975)
The designation 'my wife' in the will is a term of description only and, absent an express or implied condition to the contrary, the bequest to Mrs Valentine takes effect despite her divorce from the testator prior to his death.
- Citation
- [1975] ScotCS CSOH_5
- Parties
- Pursuer: Coupar's J. F.; Defender: Valentine; Defenders: Others (including heirs ab intestato and other named beneficiaries)
- Jurisdiction
- Scotland
- Judgment Date
- 04 December 1975
- Procedural Posture
- Multiple Poinding / Judgment on Entitlement to Bequest
- Outcome
- Bequest to ex-wife upheld; Mrs Valentine entitled to the legacy.
- Legal Topics
- Effect of Divorce on Testamentary Bequest, Construction of Wills, Family Provision, Designation of Beneficiaries
Case Brief
Summary, issues, holding and outcome
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Parties
Coupar's J. F.
Pursuer
Valentine
Defender
Others (including heirs ab intestato and other named beneficiaries)
Defenders
Procedural Posture
Multiple Poinding / Judgment on Entitlement to Bequest
Legal Issues
- 1 Whether a bequest to 'my wife' survives divorce if the ex-wife survives the testator
- 2 Whether the designation 'my wife' is a term of description or a condition precedent
Ratio Decidendi
The designation 'my wife' in the will is a term of description only and, absent an express or implied condition to the contrary, the bequest to Mrs Valentine takes effect despite her divorce from the testator prior to his death.
Court Disposition
Bequest to ex-wife upheld; Mrs Valentine entitled to the legacy.
Orders
- Order of ranking and preference deferred until formalities are completed.
Full Case Text
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