Alexander Lamb for Special Powers
| Jurisdiction | Scotland |
| Court | Court of Session |
| Judge | Lord Richardson |
| Judgment Date | 04 August 2026 |
| Neutral Citation | [2026] CSOH 73 |
| Date | 04 August 2026 |
| Published date | 04 August 2026 |
| Docket Number | P319/25 |
OUTER HOUSE, COURT OF SESSION
[2026] CSOH 73
P319/25
OPINION OF LORD RICHARDSON
In the cause
ALEXANDER LAMB
as judicial factor on the assets of the trust known as the Old Waughton Discretionary Trust
Noter
for
Special Powers
Noter: Colquhoun; Lindsays LLP
Respondent: R MacLeod; Shepherd and Wedderburn LLP
4 August 2026
Introduction
[1] The background to this case has been neatly summarised by Lord Braid in his
opinion having heard the parties at debate ([2025] CSOH 79):
“[1] The Old Waughton Discretionary Trust is a discretionary trust established by
the late Ian James Wilson, who died on 1 April 2018, the principal asset of which is
Old Waughton Farm, which Mr Wilson farmed and which was disponed to the trust
by virtue of a legacy in his will. The trustees are Christine Wilson and
Alexander Hodge (the respondent), who are, respectively, the widow and a friend of
Mr Wilson. The beneficiaries of the trust are (i) Mrs Wilson, (ii) any other individual
selected by the trustees, and (iii) any charitable or educational organisation selected
by the trustees. No such selection has been made. Mr Wilson signed a letter of
wishes, addressed to the trustees, setting out his desires for their administration of
the trust, in which he expressed the hope that the trustees would make the farm
available to a young person interested in making a career in farming.
2
[2] The relationship between Mrs Wilson and the respondent has broken down
irretrievably and, on 13 March 2019, on a petition presented to this court by
Mrs Wilson, the noter was appointed as the judicial factor on the assets of the trust,
being granted ‘the usual powers’. The court did not sequestrate the estate into the
noter’s hands, and consequently Mrs Wilson and the respondent technically remain
in office as trustees.
[3] The noter entered into administration of the trust. He now wishes to wind it
up in favour of the sole discretionary beneficiary (namely, Mrs Wilson), being of the
view that there is no sensible alternative course of action. He has identified a
purchaser for the farm. He considers that the proposal accords with the purposes of
the trust, and also (at least partially) with Mr Wilson’s hopes for the farm. The
Accountant of Court has agreed with the proposal, and consequently the present
note, seeking special powers to sell the farm and to authorise the noter to appoint
that the whole trust fund shall be held absolutely for the benefit of Mrs Wilson, was
presented to the court. Orders for service were sought on, inter alia the trustees – viz,
Mrs Wilson and the respondent. Perhaps not surprisingly, Mrs Wilson has not
lodged answers. The respondent, however, disagrees with the noter’s proposal and
has lodged answers, in which he avers that the trust purpose remains capable of
being fulfilled, that he remains willing to select a beneficiary and that he has
identified a suitable person to be so selected. He further avers that the sole purpose
of lodging answers is to provide information to be considered by the court in
considering the note. The sole issue for determination at this stage is whether the
respondent has title and interest to maintain that position. The case called before me
for a debate on that issue.”
[2] In the event, Lord Braid refused the noter’s motion to repel the respondent’s answers
and allowed the parties a proof, and the case called before me on that basis.
The evidence
Joint minute
[3] The parties had entered into a joint minute of agreement. In terms of the joint
minute, the parties agreed the background which I have set out above together with the
terms of various documents and other matters as follows.
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