LYNN SLIGHT AGAINST JEAN HOPE AS EXECUTOR NOMINATE OF THE LATE MARGARET DENISE TAIT [2021] SC EDIN 24 (30 March 2021)

The court found that the pursuer failed to establish on the balance of probabilities that the deceased owed the claimed sum, and therefore the executor is not liable to pay the alleged debt.

Citation: [2021] SC EDIN 24
Parties: Pursuer: Lynn Slight; Defender: Jean Hope as Executor Nominate of the late Margaret Denise Tait
Jurisdiction: Scotland
Judgment Date: 30 March 2021
Procedural Posture: Civil / Judgment
Outcome: claim dismissed
Legal Topics: Executor Liability, Estate Administration

Succession Law Executor Liability Estate Administration

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Parties

Lynn Slight

Pursuer

Jean Hope as Executor Nominate of the late Margaret Denise Tait

Defender

Procedural Posture

Civil / Judgment

Legal Issues

1 Whether the executor is liable for the alleged debt owed by the deceased to the pursuer

Ratio Decidendi

The court found that the pursuer failed to establish on the balance of probabilities that the deceased owed the claimed sum, and therefore the executor is not liable to pay the alleged debt.

Court Disposition

claim dismissed

Orders

No payment due by the executor to the pursuer