Tucker v Canch's Trustees [1953] ScotCS CSIH_1 (16 June 1953)

Tucker v Canch's Trustees [1953] ScotCS CSIH_1 (16 June 1953)

The document in question could not be regarded as a valid holograph will because the essential parts, including the words of gift and description of the subject, were in print and not in the handwriting of the testatrix. The printed parts were not merely formal or superfluous but were vital to the testamentary effect. Consequently, the document was not authenticated as required by law and was wholly invalid as a testamentary writing, including for the purpose of revocation.

Citation
[1953] ScotCS CSIH_1
Parties
Pursuer: Tucker; Defender: Canch's Trustee
Jurisdiction
Scotland
Judgment Date
16 June 1953
Procedural Posture
Civil / Appeal (reclaiming Motion)
Outcome
appeal dismissed
Legal Topics
Holograph Wills, Testamentary Formalities, Revocation of Wills, Authentication of Written Instruments
Succession Law Property Law Holograph Wills Testamentary Formalities Revocation of Wills Authentication of Written Instruments

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Parties

Tucker

Pursuer

Canch's Trustee

Defender

Procedural Posture

Civil / Appeal (reclaiming Motion)

Legal Issues

  1. 1 Whether a document partly printed and partly in handwriting can constitute a valid holograph will under Scots law
  2. 2 Whether the handwritten words 'Revoke former will' in the document can operate as a valid revocation of a prior will

Ratio Decidendi

The document in question could not be regarded as a valid holograph will because the essential parts, including the words of gift and description of the subject, were in print and not in the handwriting of the testatrix. The printed parts were not merely formal or superfluous but were vital to the testamentary effect. Consequently, the document was not authenticated as required by law and was wholly invalid as a testamentary writing, including for the purpose of revocation.

Court Disposition

appeal dismissed

Orders

  • action dismissed
  • decision of Lord Ordinary affirmed