MACKAY (FIRST) AND (SECOND) DONALD FORBES MACKAY AGAINST CHARLES EDWARD MACKAY [2018] ScotSC 22 (12 July 2016)

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

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Parties

Allisdair Gow Mackay

Pursuer

Donald Forbes Mackay

Pursuer

Charles Edward Mackay

Defender

Procedural Posture

Civil / Judgment

  1. 1 Whether the defender is entitled to inherit under the disputed will
  2. 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