Walker's Trustees v. Amey and Others [1906] ScotLR 43_242 (11 January 1906)

Walker's Trustees v. Amey and Others [1906] ScotLR 43_242 (11 January 1906)

The trust-disposition was an irrevocable inter vivos trust, as evidenced by the de præsenti conveyance of a specific sum, immediate delivery to trustees, express declaration of irrevocability, and the truster's divestment of the fund. The fund was therefore not subject to the husband's jus relicti.

Citation
[1906] ScotLR 43_242
Parties
Plaintiff: Walker's Trustees; Defendants: Amey and Others; Reclaimer (husband): David Walker
Jurisdiction
Scotland
Judgment Date
11 January 1906
Procedural Posture
Multiplepoinding Action / Appeal (reclaiming Motion) in the Inner House, Second Division
Outcome
Appeal dismissed; judgment of the Lord Ordinary adhered to.
Legal Topics
Irrevocability of Inter Vivos Trusts, Jus Relicti, Testamentary Versus Inter Vivos Dispositions
Trusts and Estates Family Law Irrevocability of Inter Vivos Trusts Jus Relicti Testamentary Versus Inter Vivos Dispositions

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Parties

Walker's Trustees

Plaintiff

Amey and Others

Defendants

David Walker

Reclaimer (husband)

Procedural Posture

Multiplepoinding Action / Appeal (reclaiming Motion) in the Inner House, Second Division

Legal Issues

  1. 1 Whether the trust-disposition executed by Mrs Walker was irrevocable or merely testamentary and revocable
  2. 2 Whether the fund conveyed by the trust-disposition was subject to the husband's jus relicti

Ratio Decidendi

The trust-disposition was an irrevocable inter vivos trust, as evidenced by the de præsenti conveyance of a specific sum, immediate delivery to trustees, express declaration of irrevocability, and the truster's divestment of the fund. The fund was therefore not subject to the husband's jus relicti.

Court Disposition

Appeal dismissed; judgment of the Lord Ordinary adhered to.

Orders

  • The trust-disposition is declared valid, operative, and irrevocable.
  • The fund in medio is to be administered and distributed by the trustees in accordance with the terms of the trust-disposition.