GRAHAM BRUCE SOMERVILLE AGAINST ALASDAIR RODERICK ALLAN AS EXECUTRIX NOMINATE OF THE LATE JOSEPHINE MARGARET ALLAN AND AS AN INDIVIDUAL [2023] SC EDIN 38 (14 November 2023)

The court held that the defender, in her capacity as executrix, is liable to the pursuer for the sums due from the estate, but not personally liable beyond the assets of the estate.

Citation: [2023] SC EDIN 38
Parties: Pursuer: Graham Bruce Somerville; Defender: Alasdair Roderick Allan as executrix nominate of the late Josephine Margaret Allan and as an individual
Jurisdiction: Scotland
Judgment Date: 14 November 2023
Procedural Posture: Civil / Judgment
Outcome: decree for payment against the defender as executrix only
Legal Topics: Executor Duties, Testamentary Succession, Liability of Executors

Succession Law Property Law Executor Duties Testamentary Succession Liability of Executors

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Parties

Graham Bruce Somerville

Pursuer

Alasdair Roderick Allan as executrix nominate of the late Josephine Margaret Allan and as an individual

Defender

Procedural Posture

Civil / Judgment

Legal Issues

1 Whether the defender, as executrix and as an individual, is liable to the pursuer for sums claimed from the estate of the late Josephine Margaret Allan

Ratio Decidendi

The court held that the defender, in her capacity as executrix, is liable to the pursuer for the sums due from the estate, but not personally liable beyond the assets of the estate.

Court Disposition

decree for payment against the defender as executrix only

Orders

Defender, as executrix, to pay the sum due to the pursuer from the estate of the late Josephine Margaret Allan