Hutton’s Trustees v Hutton’s Trustees, 1916 SC 860
Citation: Hutton’s Trustees v Hutton’s Trustees, 1916 SC 860
Rule of thumb: Where there are unfair obligations placed upon people in order to get things in wills, are these enforceable? No, if there an unfair conditions attached to getting property from a will then it does not have to be followed in order for it to be obtained.
Background facts:
Parties argued:
Judgment:
The Court in this case affirmed the principle of ‘capricious and unjust testaments’ – it was affirmed that any terms of a will that can be shown to be grossly unfair will not be valid, with terms seeking to completely write children out a will falling under this principle, ‘I regard the right which our law gives to children in their father’s estate, in common with the laws of most civilised countries... as a very important check on capricious or unjust testaments, which not merely inflict injustice on individuals but are often contrary to the public interest’, Lord Salvesen at 870
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.