Cullen's Executor v Elphinstone [1948] ScotCS CSOH_6 (04 June 1948)

Destruction of the 1937 will by the solicitor was unauthorised as no valid revocation occurred; the 1937 will remains operative as the last testamentary expression of the testatrix.

Citation: [1948] ScotCS CSOH_6
Parties: Pursuer: Cullen's Executor; Defender: Elphinstone
Jurisdiction: Scotland
Judgment Date: 04 June 1948
Procedural Posture: Civil / Judgment
Outcome: judgment for pursuer
Legal Topics: Will Revocation, Testamentary Capacity, Proof of Tenor, Intestacy

Succession Property Law Will Revocation Testamentary Capacity Proof of Tenor Intestacy

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2

Parties

Cullen's Executor

Pursuer

Elphinstone

Defender

Procedural Posture

Civil / Judgment

Legal Issues

1 Whether the destruction of the 1937 will by the solicitor revoked the will
2 Whether the 1945 will was valid
3 Whether the testatrix died intestate

Ratio Decidendi

Destruction of the 1937 will by the solicitor was unauthorised as no valid revocation occurred; the 1937 will remains operative as the last testamentary expression of the testatrix.

Court Disposition

judgment for pursuer

Orders

Reduction of the 1945 will
Proof of tenor of the 1937 will