Fitzgerald & Ors v Henerty & Ors [2016] EWCA Civ 701 (06 July 2016)

Fitzgerald & Ors v Henerty & Ors [2016] EWCA Civ 701 (06 July 2016)

The Court of Appeal held that the judge was entitled to find that the deceased knew and approved the contents of his will, including the exclusion of his daughters and the share option clause, and that there were no suspicious circumstances undermining the will's validity. The evidence established that the deceased's intentions were clear and that the will reflected those intentions.

Citation
[2016] EWCA Civ 701
Parties
Appellant/claimant: Sandra May Fitzgerald; Appellant/claimant: Cassie Fitzgerald; Appellant/claimant: Olivia Fitzgerald; Respondent/defendant: Paul Henerty; Respondent/defendant: Catherine Fitzgerald-Taher; Respondent/defendant: Margaret Matthews; Respondent/defendant: Helen Starkey; Respondent/defendant: Vale (UK) Limited
Jurisdiction
England and Wales
Judgment Date
06 July 2016
Procedural Posture
Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Knowledge and Approval of Will, Testamentary Capacity, Suspicious Circumstances in Probate, Exclusion of Beneficiaries, Share Transfer Provisions in Wills
Wills and Probate Equity and Trusts Knowledge and Approval of Will Testamentary Capacity Suspicious Circumstances in Probate Exclusion of Beneficiaries Share Transfer Provisions in Wills

Case Brief

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Parties

Sandra May Fitzgerald

Appellant/claimant

Cassie Fitzgerald

Appellant/claimant

Olivia Fitzgerald

Appellant/claimant

Paul Henerty

Respondent/defendant

Catherine Fitzgerald-Taher

Respondent/defendant

Margaret Matthews

Respondent/defendant

Helen Starkey

Respondent/defendant

Vale (UK) Limited

Respondent/defendant

Procedural Posture

Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal

Legal Issues

  1. 1 Whether the deceased knew and approved the contents of his will, particularly the exclusion of his daughters and the share option clause
  2. 2 Whether there were suspicious circumstances surrounding the preparation and execution of the will
  3. 3 Whether the will reflected the true intentions of the deceased

Ratio Decidendi

The Court of Appeal held that the judge was entitled to find that the deceased knew and approved the contents of his will, including the exclusion of his daughters and the share option clause, and that there were no suspicious circumstances undermining the will's validity. The evidence established that the deceased's intentions were clear and that the will reflected those intentions.

Court Disposition

Appeal dismissed