Chisholm (Pardoe's Executor) & Ors, Re Petitions for Directions [2005] ScotCS CSIH_82 (23 November 2005)

Chisholm (Pardoe's Executor) & Ors, Re Petitions for Directions [2005] ScotCS CSIH_82 (23 November 2005)

Executors nominate may competently present petitions for directions under section 6(vi) of the Court of Session Act 1988, and where the risk of contingent claims from Lloyd's underwriting is so remote as to be disregarded, the executors may properly distribute the estate without retention for such liabilities. The court will not grant an order relieving executors from personal liability in the absence of parties with a contrary interest.

Citation
[2005] ScotCS CSIH_82
Parties
Petitioner: James Crosby Chisholm (Pardoe's Executor); Petitioner: Ian William Turnbull and another (Robin Forbes Henderson's Executors); Petitioner: Kathryn Heather Ridehalgh and another (Frances Ruth Shand Kydd's Executors)
Jurisdiction
Scotland
Judgment Date
23 November 2005
Procedural Posture
Petition for Directions / Opinion of the Inner House, Court of Session
Outcome
Petitions for directions granted in terms of the first question as amended; declined to grant relief from personal liability.
Legal Topics
Executor Powers, Distribution of Estate, Petitions for Directions, Lloyd's Underwriting Liabilities
Trusts and Estates Succession Law Executor Powers Distribution of Estate Petitions for Directions Lloyd's Underwriting Liabilities

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Parties

James Crosby Chisholm (Pardoe's Executor)

Petitioner

Ian William Turnbull and another (Robin Forbes Henderson's Executors)

Petitioner

Kathryn Heather Ridehalgh and another (Frances Ruth Shand Kydd's Executors)

Petitioner

Procedural Posture

Petition for Directions / Opinion of the Inner House, Court of Session

Legal Issues

  1. 1 Whether executors nominate may competently present petitions for directions under the relevant statutory provisions
  2. 2 Whether executors may properly distribute estates of deceased Lloyd's names without retention for potential contingent liabilities
  3. 3 Whether the court can relieve executors from personal liability for such distribution

Ratio Decidendi

Executors nominate may competently present petitions for directions under section 6(vi) of the Court of Session Act 1988, and where the risk of contingent claims from Lloyd's underwriting is so remote as to be disregarded, the executors may properly distribute the estate without retention for such liabilities. The court will not grant an order relieving executors from personal liability in the absence of parties with a contrary interest.

Court Disposition

Petitions for directions granted in terms of the first question as amended; declined to grant relief from personal liability.

Orders

  • Affirmative direction that executors may properly distribute the estate without retention for potential Lloyd's liabilities, given the remoteness of risk.
  • No order relieving executors from personal liability.