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, as executrix nominate, is liable to settle the pursuer's valid claim from the estate of the late Josephine Margaret Allan, as the obligations of the estate must be satisfied before distribution.

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 granted for payment
Legal Topics: Executor Duties, Estate Administration, Liability of Executors

Succession Law Civil Procedure Executor Duties Estate Administration 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 nominate and as an individual, is liable for obligations of the deceased's estate
2 Whether the pursuer is entitled to payment from the estate

Ratio Decidendi

Court Disposition

decree granted for payment

Orders

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