Lois Boyd against Lora Boyd or Murray or Gorley (Sheriff Court Civil) [2025] SCFAL 102 (18 August 2025)

Lois Boyd against Lora Boyd or Murray or Gorley (Sheriff Court Civil) [2025] SCFAL 102 (18 August 2025)

The copy letter is not an informal codicil but a letter of instruction to a solicitor. The pursuer failed to prove the execution, tenor, and circumstances of loss as required by law. The Requirements of Writing (Scotland) Act 1995 are not satisfied due to the missing page and lack of evidence regarding annexation and subscription. The pursuer's case is dismissed.

Citation
[2025] SCFAL 102
Parties
Pursuer: Lois Boyd; Defender: Lora Boyd or Murray or Gorley
Jurisdiction
Scotland
Judgment Date
18 August 2025
Procedural Posture
Sheriff Court Civil / Judgment
Outcome
decree of absolvitor
Legal Topics
Informal Codicil, Requirements of Writing (scotland) Act 1995, Proving the Tenor, Testamentary Intention
Succession Wills and Probate Informal Codicil Requirements of Writing (scotland) Act 1995 Proving the Tenor Testamentary Intention

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Lois Boyd

Pursuer

Lora Boyd or Murray or Gorley

Defender

Procedural Posture

Sheriff Court Civil / Judgment

Legal Issues

  1. 1 Whether the copy letter constitutes an informal codicil to the deceased's will
  2. 2 Whether the pursuer has proved the execution, tenor, and circumstances of loss of the document
  3. 3 Whether the Requirements of Writing (Scotland) Act 1995 are satisfied

Ratio Decidendi

The copy letter is not an informal codicil but a letter of instruction to a solicitor. The pursuer failed to prove the execution, tenor, and circumstances of loss as required by law. The Requirements of Writing (Scotland) Act 1995 are not satisfied due to the missing page and lack of evidence regarding annexation and subscription. The pursuer's case is dismissed.

Court Disposition

decree of absolvitor

Orders

  • Defender's third and fifth pleas-in-law sustained
  • Remaining pleas-in-law repelled