Foster v. Foster's Trustees [1922] ScotLR 155 (09 December 1922)

Foster v. Foster's Trustees [1922] ScotLR 155 (09 December 1922)

Scottish courts must exercise jurisdiction over disputes concerning Scottish heritage, as only they can effectually determine such rights; for moveable estate, the English courts are the more convenient forum, so the Scottish action is sisted as regards moveables.

Citation
[1922] ScotLR 155
Parties
Pursuer: Captain William Edward Foster; Defender: Herbert Anderton Foster; Defender: Edward Hornby Foster; Defender: Herbert Anderton Foster (as individual)
Jurisdiction
Scotland
Judgment Date
09 December 1922
Procedural Posture
Action for Declarator / Inner House, First Division, Reclaiming Note
Outcome
Scottish court retains jurisdiction over heritage; action sisted as regards moveable estate.
Legal Topics
Forum Non Conveniens, Jurisdiction, Testamentary Writings, Probate, Heritage Vs Moveable Estate
Succession Trusts Property Forum Non Conveniens Jurisdiction Testamentary Writings Probate Heritage Vs Moveable Estate

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Parties

Captain William Edward Foster

Pursuer

Herbert Anderton Foster

Defender

Edward Hornby Foster

Defender

Herbert Anderton Foster (as individual)

Defender

Procedural Posture

Action for Declarator / Inner House, First Division, Reclaiming Note

Legal Issues

  1. 1 Whether Scottish courts have jurisdiction to determine validity of testamentary writings relating to Scottish heritage and English moveable estate
  2. 2 Whether plea of forum non conveniens should be sustained given concurrent proceedings in English Probate Court
  3. 3 Whether all necessary parties are convened

Ratio Decidendi

Scottish courts must exercise jurisdiction over disputes concerning Scottish heritage, as only they can effectually determine such rights; for moveable estate, the English courts are the more convenient forum, so the Scottish action is sisted as regards moveables.

Court Disposition

Scottish court retains jurisdiction over heritage; action sisted as regards moveable estate.

Orders

  • Interlocutor of Lord Ordinary recalled.
  • First and third pleas-in-law for original defenders repelled.