Allan Scott against Lorna Reeves and others (Sheriff Court Civil) [2026] SCGLA 57 (24 December 2025)

Allan Scott against Lorna Reeves and others (Sheriff Court Civil) [2026] SCGLA 57 (24 December 2025)

The deceased was physically and mentally frail, suffering from dementia and anxiety, and was facile at the time of signing the second will. The first defender, in a position of dominance, procured the will for her own benefit through circumvention and undue influence, without independent legal advice. The deliberate misdating and manner of execution further support inference of irregularity. The second will is invalid and must be reduced.

Citation
[2026] SCGLA 57
Parties
Pursuer: Allan Scott; First Defender: Lorna Reeves; Second Defender: Jacqueline Scott or Robertson; Third Defender: Linda Scott or Gettie; Fourth Defender: Michael Reeves; Fifth Defender: Scott Reeves; Sixth Defender: Brooke Reeves; Seventh Defender: Brandon Reeves
Jurisdiction
Scotland
Judgment Date
24 December 2025
Procedural Posture
Ordinary Cause (civil) / Final Judgment After Proof
Outcome
Will dated 25 April 2019 reduced; pleas for pursuer sustained; pleas for defenders repelled.
Legal Topics
Will Validity, Facility and Circumvention, Undue Influence, Testamentary Capacity, Reduction of Testamentary Writing
Succession Family Law Civil Procedure Will Validity Facility and Circumvention Undue Influence Testamentary Capacity Reduction of Testamentary Writing

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Parties

Allan Scott

Pursuer

Lorna Reeves

First Defender

Jacqueline Scott or Robertson

Second Defender

Linda Scott or Gettie

Third Defender

Michael Reeves

Fourth Defender

Scott Reeves

Fifth Defender

Brooke Reeves

Sixth Defender

Brandon Reeves

Seventh Defender

Procedural Posture

Ordinary Cause (civil) / Final Judgment After Proof

Legal Issues

  1. 1 Whether the will dated 25 April 2019 was procured by facility and circumvention and/or undue influence
  2. 2 Whether the deceased was facile and susceptible to influence at the time of execution
  3. 3 Whether the first defender abused her position of dominance for personal benefit

Ratio Decidendi

The deceased was physically and mentally frail, suffering from dementia and anxiety, and was facile at the time of signing the second will. The first defender, in a position of dominance, procured the will for her own benefit through circumvention and undue influence, without independent legal advice. The deliberate misdating and manner of execution further support inference of irregularity. The second will is invalid and must be reduced.

Court Disposition

Will dated 25 April 2019 reduced; pleas for pursuer sustained; pleas for defenders repelled.

Orders

  • Production and reduction of the will of the deceased dated 25 April 2019
  • Parties to be heard on interdict and expenses at a further hearing