Lynn Slight Against Jean Hope As Executor Nominate Of The Late Margaret Denise Tait
| Jurisdiction | Scotland |
| Judge | Sheriff Kenneth J McGowan |
| Neutral Citation | [2021] SC EDIN 24 |
| Court | Sheriff Court |
| Docket Number | EDI-A299-19 |
| Date | 30 March 2021 |
| Published date | 07 April 2021 |
SHERIFFDOM OF LOTHIAN AND BORDERS AT EDINBURGH
[2021] SC EDIN 24
EDI-A299-19
JUDGMENT OF SHERIFF KENNETH J McGOWAN
in the cause
LYNN SLIGHT
Pursuer
against
JEAN HOPE as Executor Nominate of the late Margaret Denise Tait
Defender
Pursuer: MacColl, Advocate; Forsyth Solicitors
Defender: Ennis, Advocate; Gibson Kerr Solicitors, Edinburgh
EDINBURGH, 30 March 2021
Introduction
[1] This case concerns a claim by the pursuer against the estate of her late civil partner,
Margaret Tait (“the deceased”), brought against the defender as executor nominate.
[2] It came before me for debate on the defender’s preliminary pleas, numbers 1, 2, 3, 4, 6
and 7, the pursuer having offered a proof before answer.
[3] Both counsel produced written submissions, supplemented by oral submissions.
[4] In the course of argument, I was referred to or considered the following
sources/authorities:
i. Civil Partnership (Scotland) Act 2004 (“the 2004 Act”);
ii. Family Law (Scotland) Act, as amended by 1986 (“the 1986 Act”);
iii. Succession (Scotland) Act 1964 (“the 1964 Act”);
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iv. Currie on Confirmation of Executors, 9th ed. (“Currie”);
v. The Law of Scotland, Gloag & Henderson, 14th ed. (“Gloag & Henderson”);
vi. The Law of Contract in Scotland, McBryde, 3rd ed. (“McBryde”);
vii. Civil Remedies, Walker (“Walker”);
x. Edinburgh Grain Ltd (in Liquidation) v Marshall Food Group Ltd 1999 SLT 15;
xii. Prudential Assurance Company Limited v James Grant & Company (West) Limited
1982 SLT 423;
Background facts
[5] The following matters are the subject of averment by the pursuer and taken pro
veritate for present purposes:
i. the pursuer and the deceased began living together in 1989;
ii. 1 Cleuch Avenue, North Middleton (“Cleuch Avenue”) was purchased in the
joint names of the pursuer and the deceased in 2003;
iii. in 2006, while still living at Cleuch Avenue, the couple considered separating;
iv. they decided that the deceased would remain in the property and the pursuer
would look for another home;
v. steps were taken to transfer the house into the sole name of the deceased;
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vi. the deceased took on sole liability for the borrowing secured over the house;
vii. in return, the pursuer received a capital payment of £50,000.00 from the
deceased, which she used to fund the purchase of another house in her sole
name at Innerwick;
viii. the couple reconciled and resumed their relationship at Cleuch Avenue, the
pursuer having never left there;
ix. in 2007, the pursuer and the deceased entered into a verbal contract in terms
of which they would both work towards paying off the loan secured over
Cleuch Avenue and that once it was paid off then the property would be
transferred into joint names (“the 2007 agreement”);
x. the couple entered into a civil partnership on 18 August 2012;
xi. between 2007 until 2017, the pursuer made payments to the deceased which
were used to reduce the loan secured over the house, or invested by the
deceased with a view to using the funds to pay off the loan at a later date;
xii. based on the agreement that once the loan had been paid off, half of the house
would be transferred to her, the pursuer also paid for a number of
improvements to the house;
xiii. in June 2018, the couple separated;
xiv. at about the same time, the deceased intimated to the pursuer that she no
longer had any intention of returning the title to joint names, but wanted to
keep the house in her sole name;
xv. on 26 June 2018, the deceased executed a new will, disinheriting the pursuer
and naming the defender (her sister) as her executor and beneficiary;
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