Payne & Anor v Payne

Payne & Anor v Payne

The 1998 Will was validly executed as the attesting witnesses wrote their names, addresses, and occupations in the presence of the testator with the intention to attest, satisfying the statutory requirements. The trial judge erred by pronouncing against the will without the original document or evidence from an attesting witness. The interests of justice required admitting fresh evidence from an attesting witness, and the 1998 Will should be admitted to probate.

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 From County Court to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Due Execution of Wills, Attestation Requirements, Admissibility of Fresh Evidence on Appeal, Procedural Irregularity in Probate Proceedings
Probate Wills and Succession Due Execution of Wills Attestation Requirements Admissibility of Fresh Evidence on Appeal Procedural Irregularity in Probate Proceedings

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 13 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 From County Court to Court of Appeal

Legal Issues

  1. 1 Whether the 1998 Will of John Henry Adrian Payne was validly executed in accordance with section 9 of the Wills Act 1837
  2. 2 Whether the trial judge erred in refusing to admit the 1998 Will to probate without hearing evidence from an attesting witness or inspecting the original will
  3. 3 Whether fresh evidence from an attesting witness should be admitted on appeal

Ratio Decidendi

The 1998 Will was validly executed as the attesting witnesses wrote their names, addresses, and occupations in the presence of the testator with the intention to attest, satisfying the statutory requirements. The trial judge erred by pronouncing against the will without the original document or evidence from an attesting witness. The interests of justice required admitting fresh evidence from an attesting witness, and the 1998 Will should be admitted to probate.

Court Disposition

Appeal allowed

Orders

  • The Court pronounces in solemn form for the force and validity of the 1998 Will of John Henry Adrian Payne.
  • The 1998 Will is to be admitted to probate.