McPhail's Trustees v McPhail [1940] ScotCS CSIH_5 (23 July 1940)

McPhail's Trustees v McPhail [1940] ScotCS CSIH_5 (23 July 1940)

The holograph list, though unsigned, is adopted by the duly subscribed codicil of 17th October 1929 by virtue of being enclosed in a sealed, signed envelope addressed to the executors, and is effective only to the extent the codicil's language of adoption applies; otherwise, the list is ineffective to alter or revoke the codicil's provisions.

Citation
[1940] ScotCS CSIH_5
Parties
Pursuer: Macphail's Trustees; Defender: Macphail (including his sisters, niece Dorothy Mary Macphail, and nephews and nieces)
Jurisdiction
Scotland
Judgment Date
23 July 1940
Procedural Posture
Testamentary Dispute / Appellate Judgment
Outcome
List of pecuniary legacies and bequests of pictures given effect as part of the testamentary dispositions; otherwise, the holograph list is ineffective to alter or revoke the codicil.
Legal Topics
Validity of Testamentary Writings, Adoption of Unsigned Documents, Incorporation by Reference, Requirements for Wills
Succession Law Property Law Validity of Testamentary Writings Adoption of Unsigned Documents Incorporation by Reference Requirements for Wills

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Parties

Macphail's Trustees

Pursuer

Macphail (including his sisters, niece Dorothy Mary Macphail, and nephews and nieces)

Defender

Procedural Posture

Testamentary Dispute / Appellate Judgment

Legal Issues

  1. 1 Whether an unsigned holograph list can be given testamentary effect as part of the deceased's will
  2. 2 Whether the list is adopted by a duly subscribed codicil
  3. 3 Extent to which the list is effective to alter or supplement the will

Ratio Decidendi

The holograph list, though unsigned, is adopted by the duly subscribed codicil of 17th October 1929 by virtue of being enclosed in a sealed, signed envelope addressed to the executors, and is effective only to the extent the codicil's language of adoption applies; otherwise, the list is ineffective to alter or revoke the codicil's provisions.

Court Disposition

List of pecuniary legacies and bequests of pictures given effect as part of the testamentary dispositions; otherwise, the holograph list is ineffective to alter or revoke the codicil.

Orders

  • First question answered: list of pecuniary legacies and bequests of pictures is effective as part of the testamentary dispositions; otherwise, list is ineffective.