S MCG v M N (AP) [2016] ScotSC 28 (08 April 2016)

No contract or binding agreement existed between the deceased and the defender regarding occupancy of N H. The defender conceded she would have to vacate if instructed. The pursuer, as executrix-dative, is entitled to require the defender to vacate the property.

Citation: [2016] ScotSC 28
Parties: Pursuer: S McG; Defender: M N (AP)
Jurisdiction: Scotland
Judgment Date: 08 April 2016
Procedural Posture: Civil Action for Removal and Vacant Possession / Final Judgment After Proof
Outcome: Judgment for pursuer
Legal Topics: Heritable Property, Occupancy Rights, Reduction of Will, Executrix Dative, Beneficial Ownership

Property Law Succession Law Heritable Property Occupancy Rights Reduction of Will Executrix Dative Beneficial Ownership

Case Brief

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Parties

S McG

Pursuer

M N (AP)

Defender

Procedural Posture

Civil Action for Removal and Vacant Possession / Final Judgment After Proof

Legal Issues

1 Whether the defender had a legally enforceable right to occupy the property at N H
2 Whether any contract or binding agreement existed between the deceased and the defender regarding occupancy
3 Effect of reduction of purported will on defender's claim to property

Ratio Decidendi

Court Disposition

Judgment for pursuer

Orders

Orders removal of the defender, her family, dependents, sub-tenants, goods and possessions from the property known as N H, West Lothian.
Reserves question of expenses for further submission.