Ferguson, Petitioner [1958] ScotCS CSIH_4 (02 December 1958)

Ferguson, Petitioner [1958] ScotCS CSIH_4 (02 December 1958)

A will executed on a single folded sheet, with the testator's signature at the end of the body and witness signatures linked by an attestation docquet, satisfies the statutory requirements for authentication under Scottish law.

Citation
[1958] ScotCS CSIH_4
Parties
Petitioner: Ferguson; Respondent: Sheriff-substitute
Jurisdiction
Scotland
Judgment Date
02 December 1958
Procedural Posture
Appeal / Post Dismissal of Petition for Confirmation
Outcome
Appeal allowed
Legal Topics
Authentication of Wills, Statutory Requirements for Deeds, Subscription by Witnesses
Succession Property Law Authentication of Wills Statutory Requirements for Deeds Subscription by Witnesses

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 8 Party arguments 2
Sign in to unlock

Parties

Ferguson

Petitioner

Sheriff-substitute

Respondent

Procedural Posture

Appeal / Post Dismissal of Petition for Confirmation

Legal Issues

  1. 1 Whether a will executed on a single folded sheet with witness signatures on a different page is validly authenticated under Scottish law

Ratio Decidendi

A will executed on a single folded sheet, with the testator's signature at the end of the body and witness signatures linked by an attestation docquet, satisfies the statutory requirements for authentication under Scottish law.

Court Disposition

Appeal allowed

Orders

  • Remit case to Sheriff-substitute to grant the crave of the petition