Grant and Another (Taylor's Executrices) v. Thom and Others [1913] ScotLR 55 (21 November 1913)

Grant and Another (Taylor's Executrices) v. Thom and Others [1913] ScotLR 55 (21 November 1913)

The lack of subscription on the holograph testamentary writing is fatal to its validity under Scots law. The presence of the testator's name and the words 'My last will' at the beginning of the document does not amount to subscription or its equivalent. Established legal doctrine requires strict compliance with the requirement of subscription, and neither facts and circumstances nor preliminary statements can cure the defect. Therefore, the document cannot be given effect as a valid will.

Citation
[1913] ScotLR 55
Parties
Pursuer: Mrs Elsie Grant and another (Taylor's Executrices); Defender: Robert Taylor Thom and others
Jurisdiction
Scotland
Judgment Date
21 November 1913
Procedural Posture
Civil / Appeal From Sheriff Court to Court of Session Inner House, First Division
Outcome
Appeal dismissed; interlocutor of Sheriff-Substitute affirmed; decree of declarator refused.
Legal Topics
Validity of Holograph Wills, Requirement of Subscription for Testamentary Writings, Adoption and Identification of Testamentary Documents
Succession Law Wills and Probate Validity of Holograph Wills Requirement of Subscription for Testamentary Writings Adoption and Identification of Testamentary Documents

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Parties

Mrs Elsie Grant and another (Taylor's Executrices)

Pursuer

Robert Taylor Thom and others

Defender

Procedural Posture

Civil / Appeal From Sheriff Court to Court of Session Inner House, First Division

Legal Issues

  1. 1 Whether an unsubscribed holograph document, found in the deceased's possession and purporting to dispose of her estate, can be given effect as a valid will under Scots law.
  2. 2 Whether the presence of the testator's name and the words 'My last will' at the beginning of the document is equivalent to subscription.

Ratio Decidendi

The lack of subscription on the holograph testamentary writing is fatal to its validity under Scots law. The presence of the testator's name and the words 'My last will' at the beginning of the document does not amount to subscription or its equivalent. Established legal doctrine requires strict compliance with the requirement of subscription, and neither facts and circumstances nor preliminary statements can cure the defect. Therefore, the document cannot be given effect as a valid will.

Court Disposition

Appeal dismissed; interlocutor of Sheriff-Substitute affirmed; decree of declarator refused.

Orders

  • Dismiss the appeal.
  • Affirm the interlocutor of the Sheriff-Substitute dated 12th July 1913.