Legal rights

Question 1

Cameron’s Trs v Maclean

Answer 1

1. What does a relict take?
   i. Items in the house to the value of his claim?
   ii. A pro indiviso share of all the contents?
   iii. Money based on the value of the contents?
2. This case held that the answer is money based on the value of the contents
3. Jus relictae is simply treated as a debt

Question 2

MacGregor’s Exr v MacGregor’s Trs

Answer 2

1. “The relict and the bairns are heirs among creditors and creditors among heirs” (per LP Clyde)
2. “Relict and the bairns are heirs among creditors” means that legal rights are only available as regards the net estate (what remains of the deceased’s estate after debts)
3. “Creditors among heirs” means that legal rights take priority over many succession claims on the net estate (but, not all now)

Question 3

Stewart v Bruce’s Trs

Answer 3

1. People must be given time to consider whether to claim their legal rights or not

Question 4

Naismith v Boyes

Answer 4

1. If partial intestacy legal rights can be claimed in relation to an intestate estate and a legacy then a person can claim the legacy and legal rights over the intestate part of the estate

Question 5

Coat’s Trs v Coats

Answer 5

1. If there is only one claimant, no collation is required

Question 6

Harley v Harley’s Executrix

Answer 6

1. Concerned a claim brought by the son after he was left out of the deceased’s will
2. This was a complex and advanced case about valuation of the shares forming the legitim fund, but a good illustration of the fact these claims still happen and can be substantial (figures mentioned in this case were of a share around £220,000)