St Clair v King & Anor [2022] EWHC 40 (Ch) (12 January 2022 )

St Clair v King & Anor [2022] EWHC 40 (Ch) (12 January 2022 )

The court found insufficient evidence of mutual wills or a binding contract. There was no proof of fraudulent calumny or undue influence. Medical and factual evidence established Mrs Lech had testamentary capacity and knew and approved the 2009 will. The 2009 will was valid and should be admitted to probate.

Citation
[2022] EWHC 40 (Ch)
Parties
Claimant: Anna Myfanwy St Clair; First Defendant: Nicholas Hilton King; Second Defendant: June Marion Farrell
Jurisdiction
England and Wales
Procedural Posture
Probate/will Challenge / Final Judgment After Trial
Outcome
Claim dismissed; 2009 will admitted to probate.
Legal Topics
Mutual Wills, Testamentary Capacity, Fraudulent Calumny, Undue Influence, Knowledge and Approval, Contract to Make a Will
Probate Trusts Property Law Mutual Wills Testamentary Capacity Fraudulent Calumny Undue Influence Knowledge and Approval +1 more

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Parties

Anna Myfanwy St Clair

Claimant

Nicholas Hilton King

First Defendant

June Marion Farrell

Second Defendant

Procedural Posture

Probate/will Challenge / Final Judgment After Trial

Legal Issues

  1. 1 Were the 2007 wills mutual wills creating a binding constructive trust?
  2. 2 Was there a contract obliging Mrs Lech not to revoke the 2007 will?
  3. 3 Was the 2009 will procured by fraudulent calumny or undue influence?

Ratio Decidendi

The court found insufficient evidence of mutual wills or a binding contract. There was no proof of fraudulent calumny or undue influence. Medical and factual evidence established Mrs Lech had testamentary capacity and knew and approved the 2009 will. The 2009 will was valid and should be admitted to probate.

Court Disposition

Claim dismissed; 2009 will admitted to probate.

Orders

  • 2009 will of Jean Eileen Lech admitted to probate.
  • Claim of Anna Myfanwy St Clair dismissed.