JOYCE PRICE & ALAN BAXTER & ISABELLA BAXTER & JOHN BAXTER v. CHARLENE MARY ANDERSON OR BAXTER [2009] ScotSC 76 (01 March 2009)

JOYCE PRICE & ALAN BAXTER & ISABELLA BAXTER & JOHN BAXTER v. CHARLENE MARY ANDERSON OR BAXTER [2009] ScotSC 76 (01 March 2009)

The Minute of Agreement did not contain language from which an intention to revoke the prior will could fairly be deduced, nor did it expressly or impliedly renounce the defender's rights to inherit or act as executor under the will. The agreement was directed at settling financial claims arising from the breakdown of marriage, not testamentary rights. Accordingly, the will remained valid and the defender retained her rights thereunder.

Citation
[2009] ScotSC 76
Parties
Pursuer: Joyce Price; Pursuer: Isabella Baxter; Pursuer: Alan Baxter; Pursuer: John Baxter; Defender: Charlene Mary Anderson or Baxter
Jurisdiction
Scotland
Judgment Date
01 March 2009
Procedural Posture
Civil / Decision After Debate on Preliminary Pleas
Outcome
action dismissed
Legal Topics
Will Revocation, Interpretation of Contracts, Renunciation of Succession Rights, Testamentary Intention
Succession Law Family Law Contract Law Will Revocation Interpretation of Contracts Renunciation of Succession Rights Testamentary Intention

Case Brief

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Parties

Joyce Price

Pursuer

Isabella Baxter

Pursuer

Alan Baxter

Pursuer

John Baxter

Pursuer

Charlene Mary Anderson or Baxter

Defender

Procedural Posture

Civil / Decision After Debate on Preliminary Pleas

Legal Issues

  1. 1 Whether a Minute of Agreement between spouses revoked a prior will
  2. 2 Whether the defender renounced rights to inherit or act as executor under the will by virtue of the Minute of Agreement

Ratio Decidendi

The Minute of Agreement did not contain language from which an intention to revoke the prior will could fairly be deduced, nor did it expressly or impliedly renounce the defender's rights to inherit or act as executor under the will. The agreement was directed at settling financial claims arising from the breakdown of marriage, not testamentary rights. Accordingly, the will remained valid and the defender retained her rights thereunder.

Court Disposition

action dismissed

Orders

  • Action dismissed.
  • Pursuers found liable to the defender in expenses of the action.