Payne & Anor v Payne [2018] EWCA Civ 985 (04 May 2018)

Payne & Anor v Payne [2018] EWCA Civ 985 (04 May 2018)

The 1998 Will was validly executed because the attesting witnesses wrote their names and addresses on the will with the intention of attesting the testator's signature, satisfying the statutory requirements. The County Court judge erred by requiring a conventional signature and by refusing to admit evidence from an attesting witness. The interests of justice required admitting fresh evidence and pronouncing for the 1998 Will.

Citation
[2018] EWCA Civ 985
Parties
Claimant/respondent: John Henry Adrian Payne; Claimant/respondent: Thomas Payne; Defendant/appellant: Mrs Kim Payne
Jurisdiction
England and Wales
Judgment Date
04 May 2018
Procedural Posture
Contentious Probate Appeal / Appeal From County Court to Court of Appeal
Outcome
Appeal allowed; 1998 Will pronounced for in solemn form
Legal Topics
Due Execution of Wills, Attestation Requirements, Admissibility of Fresh Evidence on Appeal, Procedural Irregularity, Intestacy, Solemn Form Proof
Probate Wills and Estates Civil Procedure Due Execution of Wills Attestation Requirements Admissibility of Fresh Evidence on Appeal Procedural Irregularity Intestacy +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 9 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

John Henry Adrian Payne

Claimant/respondent

Thomas Payne

Claimant/respondent

Mrs Kim Payne

Defendant/appellant

Procedural Posture

Contentious Probate Appeal / Appeal From County Court to Court of Appeal

Legal Issues

  1. 1 Whether the 1998 Will of John Henry Adrian Payne was validly executed under section 9 of the Wills Act 1837
  2. 2 Whether the County Court judge erred in refusing to admit the 1998 Will to probate
  3. 3 Whether fresh evidence (attesting witness testimony) should be admitted on appeal

Ratio Decidendi

The 1998 Will was validly executed because the attesting witnesses wrote their names and addresses on the will with the intention of attesting the testator's signature, satisfying the statutory requirements. The County Court judge erred by requiring a conventional signature and by refusing to admit evidence from an attesting witness. The interests of justice required admitting fresh evidence and pronouncing for the 1998 Will.

Court Disposition

Appeal allowed; 1998 Will pronounced for in solemn form

Orders

  • The 1998 Will of John Henry Adrian Payne is admitted to probate in solemn form.
  • The evidence of Mr Gordon (attesting witness) is admitted as fresh evidence.