Inglis's Trustees v. Inglis [1901] ScotLR 39_253 (13 December 1901)

Inglis's Trustees v. Inglis [1901] ScotLR 39_253 (13 December 1901)

The petitioners established that the deceased subscribed the trust-disposition and settlement in presence of two witnesses, fulfilling statutory requirements. The document, though informal and containing clerical corrections, was intended as the final will. Informal jottings lacked testamentary intent. The will is valid under section 39 of the Conveyancing (Scotland) Act 1874.

Citation
[1901] ScotLR 39_253
Parties
Petitioner: Mrs Elizabeth Bain Swan or Inglis; Petitioner: Thomas Stewart Inglis senior; Petitioner: Frederick Lear Wrede; Respondent: George Inglis junior; Respondent: Peter Inglis; Respondent: Mary Ann Inglis
Jurisdiction
Scotland
Judgment Date
13 December 1901
Procedural Posture
Petition / Final Judgment
Outcome
petition granted
Legal Topics
Authentication of Testamentary Documents, Informal Execution of Wills, Burden of Proof Under Conveyancing (scotland) Act 1874
Wills and Succession Conveyancing Authentication of Testamentary Documents Informal Execution of Wills Burden of Proof Under Conveyancing (scotland) Act 1874

Case Brief

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Parties

Mrs Elizabeth Bain Swan or Inglis

Petitioner

Thomas Stewart Inglis senior

Petitioner

Frederick Lear Wrede

Petitioner

George Inglis junior

Respondent

Peter Inglis

Respondent

Mary Ann Inglis

Respondent

Procedural Posture

Petition / Final Judgment

Legal Issues

  1. 1 Whether an informally executed will is valid under section 39 of the Conveyancing (Scotland) Act 1874
  2. 2 Whether the petitioners have established execution and intention of the will
  3. 3 Effect of unauthenticated alterations and informal jottings

Ratio Decidendi

The petitioners established that the deceased subscribed the trust-disposition and settlement in presence of two witnesses, fulfilling statutory requirements. The document, though informal and containing clerical corrections, was intended as the final will. Informal jottings lacked testamentary intent. The will is valid under section 39 of the Conveyancing (Scotland) Act 1874.

Court Disposition

petition granted

Orders

  • The trust-disposition and settlement is declared valid as the final testamentary writing of Robert Inglis under section 39 of the Conveyancing (Scotland) Act 1874.