Lowrie's JF v McMillan [1972] ScotCS CSOH_2 (03 March 1972)

Lowrie's JF v McMillan [1972] ScotCS CSOH_2 (03 March 1972)

The three writings dated 17th September 1964, found together and forming a coherent testamentary scheme, are valid and effectual as the deceased's will. The deceased's initials at the end of the third writing, in the circumstances, are sufficient authentication to satisfy the requirement of subscription.

Citation
[1972] ScotCS CSOH_2
Parties
Pursuer: Lowrie's Judicial Factor; Defender: M'Millan's Executrix; Defender: Lord Advocate (Crown as ultimus haeres)
Jurisdiction
Scotland
Judgment Date
03 March 1972
Procedural Posture
Civil / First Instance
Outcome
The three writings of 17th September 1964 constitute the only valid and effectual testamentary writings of the deceased.
Legal Topics
Testamentary Writings, Holograph Wills, Authentication of Wills, Revocation of Wills
Succession Law Property Law Testamentary Writings Holograph Wills Authentication of Wills Revocation of Wills

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Parties

Lowrie's Judicial Factor

Pursuer

M'Millan's Executrix

Defender

Lord Advocate (Crown as ultimus haeres)

Defender

Procedural Posture

Civil / First Instance

Legal Issues

  1. 1 Are the three holograph writings of 17th September 1964 testamentary in character?
  2. 2 Can the three writings be read together as one document?
  3. 3 Were the writings intended to govern the disposal of the deceased's estate?

Ratio Decidendi

The three writings dated 17th September 1964, found together and forming a coherent testamentary scheme, are valid and effectual as the deceased's will. The deceased's initials at the end of the third writing, in the circumstances, are sufficient authentication to satisfy the requirement of subscription.

Court Disposition

The three writings of 17th September 1964 constitute the only valid and effectual testamentary writings of the deceased.

Orders

  • Pleas in law for the Lord Advocate (ultimus haeres) repelled.
  • Pleas in law for remaining claimants sustained.