Fitzgerald & Ors v Henerty & Ors

Fitzgerald & Ors v Henerty & Ors

The appeal was dismissed because the trial judge was entitled to find, on the evidence, that the deceased knew and approved the contents of the will, including the exclusion of his daughters and the option clause for the shares. There were no suspicious circumstances sufficient to displace the presumption of knowledge and approval, and the will reflected the deceased's true intentions.

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
Probate Appeal / Appeal From High Court Judgment
Outcome
Appeal dismissed
Legal Topics
Knowledge and Approval of Will, Suspicious Circumstances in Will Execution, Testamentary Capacity, Exclusion of Beneficiaries, Option Clauses in Wills
Succession Probate Knowledge and Approval of Will Suspicious Circumstances in Will Execution Testamentary Capacity Exclusion of Beneficiaries Option Clauses 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

Probate Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the deceased knew and approved the contents of the will
  2. 2 Whether there were suspicious circumstances surrounding the execution of the will
  3. 3 Whether the exclusion of the daughters and the option clause for shares reflected the deceased's true intentions

Ratio Decidendi

The appeal was dismissed because the trial judge was entitled to find, on the evidence, that the deceased knew and approved the contents of the will, including the exclusion of his daughters and the option clause for the shares. There were no suspicious circumstances sufficient to displace the presumption of knowledge and approval, and the will reflected the deceased's true intentions.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • No order as to costs specified in the judgment