Williamson v Williamson [1997] ScotCS CSIH_3 (11 February 1997)

Williamson v Williamson [1997] ScotCS CSIH_3 (11 February 1997)

A will is not validly executed if a witness fails to adhibit his normal or customary signature, and such a defect cannot be cured as a mere informality under section 39 of the Conveyancing (Scotland) Act 1874.

Citation
[1997] ScotCS CSIH_3
Parties
Pursuer: Williamson; Defender: Williamson
Jurisdiction
Scotland
Judgment Date
11 February 1997
Procedural Posture
Civil / Appeal (reclaiming Motion)
Outcome
reclaiming motion refused; decree in favour of pursuer affirmed
Legal Topics
Validity of Will, Execution of Deeds, Authentication Statutes, Witness Signature Requirements
Succession Law Property Law Validity of Will Execution of Deeds Authentication Statutes Witness Signature Requirements

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Parties

Williamson

Pursuer

Williamson

Defender

Procedural Posture

Civil / Appeal (reclaiming Motion)

Legal Issues

  1. 1 Whether a will is validly executed when a witness signs with an incorrect name rather than his usual signature
  2. 2 Whether such an error can be cured as an informality under section 39 of the Conveyancing (Scotland) Act 1874

Ratio Decidendi

A will is not validly executed if a witness fails to adhibit his normal or customary signature, and such a defect cannot be cured as a mere informality under section 39 of the Conveyancing (Scotland) Act 1874.

Court Disposition

reclaiming motion refused; decree in favour of pursuer affirmed

Orders

  • Reduction of the will of Mrs Rachel Macintosh Macrae Williamson dated 11 April 1988 and of the confirmation of the executors appointed thereunder