KENNETH GEORGE HANTON AGAINST IAN DOWNIE EXECUTOR OF THE LATE KATHLEEN ANN LAIDLAW [2019] ScotSC SC_84 (28 October 2019)

The court found that the pursuer failed to establish the existence of a legally enforceable debt against the estate, and therefore the executor is not liable to pay the claimed sum.

Citation: [2019] ScotSC SC_84
Parties: Pursuer: Kenneth George Hanton; Defender: Ian Downie, Executor of the late Kathleen Ann Laidlaw
Jurisdiction: Scotland
Judgment Date: 28 October 2019
Procedural Posture: Civil / Judgment
Outcome: claim dismissed
Legal Topics: Executor Liability, Estate Administration

Succession Law Executor Liability Estate Administration

Case Brief

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Parties

Kenneth George Hanton

Pursuer

Ian Downie, Executor of the late Kathleen Ann Laidlaw

Defender

Procedural Posture

Civil / Judgment

Legal Issues

1 Whether the executor is liable for the alleged debt owed by the late Kathleen Ann Laidlaw to the pursuer

Ratio Decidendi

The court found that the pursuer failed to establish the existence of a legally enforceable debt against the estate, and therefore the executor is not liable to pay the claimed sum.

Court Disposition

claim dismissed

Orders

No payment due from the estate to the pursuer
No expenses awarded