PETITION BY VINDEX TRUSTEES LTD FOR DIRECTIONS UNDER SECTION 6 OF THE COURT OF SESSION ACT 1988 [2021] ScotCS CSIH_46 (03 September 2021)

PETITION BY VINDEX TRUSTEES LTD FOR DIRECTIONS UNDER SECTION 6 OF THE COURT OF SESSION ACT 1988 [2021] ScotCS CSIH_46 (03 September 2021)

The court declined to adjudicate or give advice on the matter, holding that the issue was one for the executor's managerial discretion and good judgment, not for judicial direction under section 6 of the 1988 Act.

Citation
[2021] ScotCS CSIH_46
Parties
Petitioner: Vindex Trustees Limited
Jurisdiction
Scotland
Judgment Date
03 September 2021
Procedural Posture
Petition for Directions Under Section 6 of the Court of Session Act 1988 / Final Judgment
Outcome
petition refused
Legal Topics
Erroneous Description of Legatee, Executor Discretion, Construction of Wills
Trusts and Estates Charity Law Erroneous Description of Legatee Executor Discretion Construction of Wills

Case Brief

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Parties

Vindex Trustees Limited

Petitioner

Procedural Posture

Petition for Directions Under Section 6 of the Court of Session Act 1988 / Final Judgment

Legal Issues

  1. 1 Whether the executor may properly distribute one sixth of the deceased's residual estate to the Nelson Mandela Children's Fund, South Africa, given the erroneous description in the will

Ratio Decidendi

The court declined to adjudicate or give advice on the matter, holding that the issue was one for the executor's managerial discretion and good judgment, not for judicial direction under section 6 of the 1988 Act.

Court Disposition

petition refused

Orders

  • expenses of the petition awarded to the petitioner on a solicitor client, client paying basis