Nisbet’s Trs v Nisbet, (1871) 9 M 937
Citation:Nisbet’s Trs v Nisbet, (1871) 9 M 937
Rule of thumb: If a person’s desire for their how their estate would be distributed on their death is then completely contradicted by the terms of a will, is the will valid? The will is potentially invalid if it can be proven that it completely contradicted the deceased person’s ‘will’ & desire for their estate.
Judgment:
This case affirmed the ‘will of the testator’ as the principle of paramount important – as a general rule of thumb a person’s will should be distributed in accordance with their expressed intentions, with any changes to the person’s expressed intentions in their will being more exceptional occurrences, ‘We cannot perpetrate the profound mysteries of the sentient and intellectual constitution of man, nor trace the recondite discords which distract thought... We ought not, if we can avoid it, to interfere with the undoubted right to dispose of property by will. It is a great step towards decision, that the will is simple and rational, and not injust’, Lord Ardmillan at 948
Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.