Irving v Snow [1956] ScotCS CSIH_2 (20 June 1956)

Irving v Snow [1956] ScotCS CSIH_2 (20 June 1956)

A will and codicil executed in England, valid under English law, are to be admitted to confirmation in Scotland for moveable estate, regardless of the notary's disqualifying interest, as per Wills Act, 1861 and established common law; the law of the place of execution governs the validity of execution for personal estate.

Citation
[1956] ScotCS CSIH_2
Parties
Applicant: Irving; Respondent: Snow
Jurisdiction
Scotland
Judgment Date
20 June 1956
Procedural Posture
Confirmation of Testamentary Writings / Appellate Judgment
Outcome
Will and codicil validly executed in England admitted to confirmation in Scotland for moveable estate.
Legal Topics
Validity of Testamentary Writings, Execution of Wills, Disqualifying Interest of Notary, Application of Lex Loci Actus
Succession Law Private International Law Validity of Testamentary Writings Execution of Wills Disqualifying Interest of Notary Application of Lex Loci Actus

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Parties

Irving

Applicant

Snow

Respondent

Procedural Posture

Confirmation of Testamentary Writings / Appellate Judgment

Legal Issues

  1. 1 Whether a will and codicil executed in England by a notary with a disqualifying interest are valid and can be admitted to confirmation in Scotland
  2. 2 Whether Scots law or English law governs the validity of execution for moveable estate

Ratio Decidendi

A will and codicil executed in England, valid under English law, are to be admitted to confirmation in Scotland for moveable estate, regardless of the notary's disqualifying interest, as per Wills Act, 1861 and established common law; the law of the place of execution governs the validity of execution for personal estate.

Court Disposition

Will and codicil validly executed in England admitted to confirmation in Scotland for moveable estate.

Orders

  • Finding pronounced that the deeds, validly executed according to English law, can be admitted to confirmation in Scotland.
  • No determination made on the validity or effect of the remuneration clause for the notary.