Duncan v Duncan: HL 14 Dec 1892

A beneficiary under a trust-disposition and settlement brought an action for reduction of a later settlement of the testator which he alleged had been executed when the testator was of unsound mind. Objection was taken to the pursuer’s title, on the ground that the value of his interest under the later settlement was as large as under the former.
The Court repelled the objection, holding that the pursuer had a title to assert his right under what he alleged to be the only valid settlement of the testator.
Opinions reserved as to whether one of three trustees nominated in a trust-disposition and settlement has a title to sue for reduction of a later settlement by the testator.

Judges:

Lord Stormonth Darling

Citations:

[1892] UKHL 167, 30 SLR 167

Links:

Bailii

Jurisdiction:

Scotland

Trusts

Updated: 28 May 2022; Ref: scu.634565