Pirie v. Clydesdale Bank Plc & Ors [2006] ScotCS CSOH_82 (25 May 2006)

Pirie v. Clydesdale Bank Plc & Ors [2006] ScotCS CSOH_82 (25 May 2006)

The pursuer failed to establish that James Pirie was facile or that his will was circumvented at the time of executing the Trust Disposition and Settlement. The evidence demonstrated that he was mentally competent and acted of his own volition. There was no dominant or ascendant influence by the defenders, nor evidence of undue influence. The will reflected his conscious decision, and no legal remedy was available to the pursuer.

Citation
[2006] ScotCS CSOH_82
Parties
Pursuer: Mrs Ceria Pirie; Defender: Clydesdale Bank plc; Defender: Elizabeth Pirie; Defender: Charles Pirie
Jurisdiction
Scotland
Judgment Date
25 May 2006
Procedural Posture
Civil / Judgment After Proof
Outcome
Action dismissed
Legal Topics
Facility and Circumvention, Undue Influence, Testamentary Capacity, Reduction of Will
Succession Law Family Law Facility and Circumvention Undue Influence Testamentary Capacity Reduction of Will

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Mrs Ceria Pirie

Pursuer

Clydesdale Bank plc

Defender

Elizabeth Pirie

Defender

Charles Pirie

Defender

Procedural Posture

Civil / Judgment After Proof

Legal Issues

  1. 1 Whether the Trust Disposition and Settlement executed by James Pirie should be reduced on grounds of facility and circumvention or undue influence.

Ratio Decidendi

The pursuer failed to establish that James Pirie was facile or that his will was circumvented at the time of executing the Trust Disposition and Settlement. The evidence demonstrated that he was mentally competent and acted of his own volition. There was no dominant or ascendant influence by the defenders, nor evidence of undue influence. The will reflected his conscious decision, and no legal remedy was available to the pursuer.

Court Disposition

Action dismissed

Orders

  • Third plea-in-law for the defenders sustained
  • Pursuer's pleas repelled