JUDGMENT OF SHERIFF VALERIE JOHNSTON IN CAUSE MRS. S.C. AGAINST MRS. L.M. [2014] ScotSC 19 (25 June 2014)

JUDGMENT OF SHERIFF VALERIE JOHNSTON IN CAUSE MRS. S.C. AGAINST MRS. L.M. [2014] ScotSC 19 (25 June 2014)

In Scotland, the close family, and in particular the surviving spouse, have priority over the executor in making funeral arrangements. The executor does not have automatic priority, and the defender failed to give due consideration to the wishes of the deceased and his widow. The pursuer, as widow, is entitled to decide and make the arrangements for the funeral of the deceased.

Citation
[2014] ScotSC 19
Parties
Pursuer: MRS S C; Defender: MRS L M
Jurisdiction
Scotland
Judgment Date
25 June 2014
Procedural Posture
Civil / Judgment
Outcome
Declarator granted in favour of the pursuer; pursuer entitled to decide and make funeral arrangements; other craves dismissed; no expenses due to or by either party.
Legal Topics
Funeral Arrangements, Executor's Duties, Rights of Surviving Spouse, Priority of Next of Kin, Scots Law on Burial Disputes
Family Law Succession Law Funeral Arrangements Executor's Duties Rights of Surviving Spouse Priority of Next of Kin Scots Law on Burial Disputes

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Parties

MRS S C

Pursuer

MRS L M

Defender

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Who has the legal right to decide and make arrangements for the funeral of the deceased: the widow (pursuer) or the executor (defender)?
  2. 2 Does the appointment of an executor in a will override the rights of a surviving spouse in funeral arrangements under Scots law?

Ratio Decidendi

In Scotland, the close family, and in particular the surviving spouse, have priority over the executor in making funeral arrangements. The executor does not have automatic priority, and the defender failed to give due consideration to the wishes of the deceased and his widow. The pursuer, as widow, is entitled to decide and make the arrangements for the funeral of the deceased.

Court Disposition

Declarator granted in favour of the pursuer; pursuer entitled to decide and make funeral arrangements; other craves dismissed; no expenses due to or by either party.

Orders

  • Finds and declares that the pursuer, as widow of the late M C, is entitled to decide upon and make the arrangements for his funeral.
  • Dismisses the pursuer's crave two.