ANNE McKee HAMILTON FOR SPECIAL WARRANT TO ISSUE CONFIRMATION AS EXECUTOR NOMINATE OF THE DECEASED MELANIE GEORGINA GIBSON [2015] ScotSC 45 (05 June 2015)

ANNE McKee HAMILTON FOR SPECIAL WARRANT TO ISSUE CONFIRMATION AS EXECUTOR NOMINATE OF THE DECEASED MELANIE GEORGINA GIBSON [2015] ScotSC 45 (05 June 2015)

The diary entry of 20 January 2012, written and signed by the deceased, clearly expresses her wish that Anne McKee Hamilton inherit her estate, specifying the assets and emphasizing 'IT IS MY WISH.' The document meets the requirements for a valid holograph will under Scots law, and the sheriff erred in failing to recognize its testamentary effect.

Citation
[2015] ScotSC 45
Parties
Pursuer and Appellant: Anne McKee Hamilton; Objector: Elizabeth Smith; Objector: Jan Graham
Jurisdiction
Scotland
Judgment Date
05 June 2015
Procedural Posture
Petition for Special Warrant to Issue Confirmation as Executor Nominate / Appeal From Sheriff's Refusal of Confirmation
Outcome
appeal allowed
Legal Topics
Testamentary Intention, Holograph Will, Executor Confirmation, Testamentary Capacity
Succession Law Probate Testamentary Intention Holograph Will Executor Confirmation Testamentary Capacity

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Parties

Anne McKee Hamilton

Pursuer and Appellant

Elizabeth Smith

Objector

Jan Graham

Objector

Procedural Posture

Petition for Special Warrant to Issue Confirmation as Executor Nominate / Appeal From Sheriff's Refusal of Confirmation

Legal Issues

  1. 1 Whether the diary entry of 20 January 2012 constituted a valid will with testamentary effect
  2. 2 Whether Anne McKee Hamilton is entitled to confirmation as executor nominate

Ratio Decidendi

The diary entry of 20 January 2012, written and signed by the deceased, clearly expresses her wish that Anne McKee Hamilton inherit her estate, specifying the assets and emphasizing 'IT IS MY WISH.' The document meets the requirements for a valid holograph will under Scots law, and the sheriff erred in failing to recognize its testamentary effect.

Court Disposition

appeal allowed

Orders

  • Recall of interlocutors of 21 August and 1 October 2014
  • Confirmation to be issued in favour of Anne McKee Hamilton as executor nominate