MACKAY (FIRST) AND (SECOND) DONALD FORBES MACKAY AGAINST CHARLES EDWARD MACKAY [2018] ScotSC 22 (12 July 2016)
The court found that the will was not validly executed and therefore the defender was not entitled to inherit under it.
- Citation
- [2018] ScotSC 22
- Parties
- Pursuer: Allisdair Gow Mackay; Pursuer: Donald Forbes Mackay; Defender: Charles Edward Mackay
- Jurisdiction
- Scotland
- Judgment Date
- 12 July 2016
- Procedural Posture
- Civil / Judgment
- Outcome
- pursuers succeed
- Legal Topics
- Inheritance Dispute, Testamentary Capacity
Case Brief
Summary, issues, holding and outcome
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Parties
Allisdair Gow Mackay
Pursuer
Donald Forbes Mackay
Pursuer
Charles Edward Mackay
Defender
Procedural Posture
Civil / Judgment
Legal Issues
- 1 Whether the defender is entitled to inherit under the disputed will
- 2 Whether the will was validly executed
Ratio Decidendi
The court found that the will was not validly executed and therefore the defender was not entitled to inherit under it.
Court Disposition
pursuers succeed
Orders
- Defender not entitled to inherit under the disputed will
Full Case Text
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