Fear v Fear [2001] EWCA Civ 502 (22 March 2001)

Fear v Fear [2001] EWCA Civ 502 (22 March 2001)

The trial judge, having heard and assessed the credibility of the attesting witnesses, found as a matter of fact that the will was duly executed. There was no basis for the appellate court to interfere with this finding, especially as the new evidence did not affect the credibility of the witness whose evidence was accepted.

Citation
[2001] EWCA Civ 502
Parties
Claimant/applicant: Carl Fear; Defendant/respondent: Hartley Fear
Jurisdiction
England and Wales
Judgment Date
22 March 2001
Procedural Posture
Probate Action / Application for Permission to Appeal (court of Appeal, Civil Division)
Outcome
Application for permission to appeal refused
Legal Topics
Due Execution of Wills, Forgery, Testamentary Capacity, Revocation of Probate
Probate Wills and Estates Due Execution of Wills Forgery Testamentary Capacity Revocation of Probate

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Parties

Carl Fear

Claimant/applicant

Hartley Fear

Defendant/respondent

Procedural Posture

Probate Action / Application for Permission to Appeal (court of Appeal, Civil Division)

Legal Issues

  1. 1 Whether the will dated 14 November 1990 was duly executed in accordance with the Wills Act 1837
  2. 2 Whether the will was a forgery

Ratio Decidendi

The trial judge, having heard and assessed the credibility of the attesting witnesses, found as a matter of fact that the will was duly executed. There was no basis for the appellate court to interfere with this finding, especially as the new evidence did not affect the credibility of the witness whose evidence was accepted.

Court Disposition

Application for permission to appeal refused

Orders

  • Application refused