LEE DONALD BARCLAY AGAINST THORNTONS TRUSTEES LTD AND OTHERS [2024] ScotCS CSOH_18 (23 February 2024)

LEE DONALD BARCLAY AGAINST THORNTONS TRUSTEES LTD AND OTHERS [2024] ScotCS CSOH_18 (23 February 2024)

The court accepted the evidence of three eyewitnesses that the deceased signed the will unaided, found no persuasive discrepancies or motive for dishonesty, and determined that the expert evidence was insufficient to displace the direct testimony.

Citation
[2024] ScotCS CSOH_18
Parties
Pursuer: Lee Donald Barclay; Defender: Thorntons Trustees Limited and Others
Jurisdiction
Scotland
Judgment Date
23 February 2024
Procedural Posture
Civil / Judgment After Proof
Outcome
decree of absolvitor granted; pursuer's case refused
Legal Topics
Will Authenticity, Testamentary Capacity, Forensic Document Examination
Succession Probate Will Authenticity Testamentary Capacity Forensic Document Examination

Case Brief

Summary, issues, holding and outcome

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Parties

Lee Donald Barclay

Pursuer

Thorntons Trustees Limited and Others

Defender

Procedural Posture

Civil / Judgment After Proof

Legal Issues

  1. 1 Whether the signatures on the 2018 will were genuine and executed by the deceased
  2. 2 Whether the 2018 will should be reduced on grounds of forgery

Ratio Decidendi

The court accepted the evidence of three eyewitnesses that the deceased signed the will unaided, found no persuasive discrepancies or motive for dishonesty, and determined that the expert evidence was insufficient to displace the direct testimony.

Court Disposition

decree of absolvitor granted; pursuer's case refused

Orders

  • Second defender's second and third pleas-in-law sustained
  • Pursuer's pleas-in-law refused