By Euan Dow on 24/04/2008 06:11
Charities and Trustee Investment (Scotland) Act 2005 - Petition:- The petitioner is the holder of the Office of the Scottish Charity Regulator ("OSCR") and was formed under the Charities and Trustee Investment (Scotland) Act 2005. In terms of section 1(5) of the 2005 Act petitioner's general functions are:- (a) to determine whether bodies are charities; (b) to keep a public register of charities; (c) to encourage, facilitate and monitor compliance by charities with the provisions of the 2005 Act ...
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By Catherine Hart on 05/03/2008 11:51
Minute of Agreement – meaning of term “whole right, title and interest” The Pursuer/Respondent was the Executrix-Dative of her mother, who died in 2005. Her mother and the Defender/Appellant were married and had purchased a house. The Disposition in their favour recorded that the property was disponed to them “equally between them and to the survivor of them”. When the Pursuer’s mother and the Defender separated they entered into a Minute of Agreement ...
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By Rachel Henry on 24/01/2008 14:44
This case was at the instance of the Accountant in Bankruptcy who was the permanent trustee on the sequestrated estate of Matthew Sneddon. The first defender was his mother to whom he disponed his half share of the property for no consideration. It was registered in the Land Register of Scotland kept by the second defender (for whom there was no appearance in this action). The Trustee was challenging the alienation. The mother was pleading one of the statutory defences and the Truste ...
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By Euan Dow on 19/12/2007 17:52
Expenses:- Here the first defender enrolled a motion for expenses awarded against her as an assisted person to be modified to nil. The motion was opposed on the basis that her conduct during the litigation did not justify modification of the expenses to nil. It was submitted on behalf of the pursuer that conduct did not have to be extreme for modification to be refused and that the conduct in the case here was serious enough to prevent modification as:- (1) a counter claim was raised and abandon ...
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By Euan Dow on 23/08/2007 00:00
Petition - Testamentary Intention
The petition here was brought by the executors of the late Margaret Bilsland who died on 25 April 2001 leaving a will dated 30 January 1998 . The respondents were various charities named in the will. The question posed on behalf of the petitioners was:- "Whether the petitioners as executors may distribute the part of the residue of the estate of Mrs Bilsland not bequeathed in Clause Five (one) of the Will to the beneficiaries referred to in Clause Five (two) to (nine) of the Will in the manner t ...
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By Euan Dow on 26/07/2007 20:00
Permanent Trustee
The pursuer was appointed the permanent trustee on the estates of George Brown (“the debtor”). The action involves the pursuer seeking production and reduction of a disposition of a dwellinghouse, the family home of the debtor and defender George and Winifred Brown. The pursuer is founding on the provisions of section 34 of the Bankruptancy (Scotland) Act 1985, the contention being that the disposition was a gratuitous alienation of the debtor's property. The disposition was granted by the debto ...
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By Euan Dow on 23/11/2005 00:00
Presented by the executor nominate of individuals who for certain periods prior to their respective deaths were underwriting members of Lloyds of London ("names"). The directions sought concern the distribution of the estates of the respective deceased in circumstances where it is possible that claims might arise in respect of such underwriting business.
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By Euan Dow on 12/04/2005 00:00
Pursuer is seeking reduction of testamentary deed. She maintains that the second and third defender induced the deceased to enter into this Trust Disposition and Settlement and that the deed was thus procured from the deceased by the second and third defenders by fraud or circumvention when he was weak and facile. In addition the pursuer has a case of undue influence.
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