Finlay’s Trs v Finlay, (1886) 13 R 1052
Citation: Finlay’s Trs v Finlay, (1886) 13 R 1052
Rule of thumb: When a will is being processed, how long does it take? There is no set period – the rule is that each step to its completion must be done efficiently – if any step is done too slowly then it is negligence.
Judgment:
This case affirmed the principle of ‘morte testatoris’ – this means that property from a will is deemed to vest immediately in the people described in the will, so all wills are to vest in the people in the will in practice as quick as is reasonably possible. Failure to do so will be deemed to be unreasonable and actionable conduct, ‘In general, legacies are held to vest a morte testaoris, unless the contrary can be clearly indicated; and as a general rule, when the term of payment is not postponed by reason of interests personal to a third party, the presumption that it was intended to vest from the testator’s death will not be avoided’, Lord Justice Clerk Moncrieff at 1055
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.