Hughes v Pritchard & Ors [2021] EWHC 1580 (Ch) (11 June 2021)

Hughes v Pritchard & Ors [2021] EWHC 1580 (Ch) (11 June 2021)

The 2016 will of Evan Hughes is invalid due to lack of testamentary capacity at the time of execution. The evidence established that by 7 July 2016, Evan Hughes did not have the capacity to appreciate the longstanding family understanding regarding the disposition of Yr Efail, to understand the extent of the property, or to comprehend the significance of the changes made in the 2016 will. The burden of proof on capacity was not discharged by the claimant. As a result, the 2016 will is set aside and the estate falls to be distributed under the previous valid will.

Citation
[2021] EWHC 1580
Parties
Claimant: Gareth Hughes; First Defendant: Carys Pritchard; Second Defendant: Gwen Hughes; Third Defendant: Stephen Hughes
Jurisdiction
England and Wales
Judgment Date
11 June 2021
Procedural Posture
Probate/contested Will / High Court Trial Judgment
Outcome
2016 will declared invalid for lack of testamentary capacity; estate to be distributed under previous valid will.
Legal Topics
Testamentary Capacity, Knowledge and Approval, Undue Influence, Proprietary Estoppel
Wills and Probate Property Law Equity Testamentary Capacity Knowledge and Approval Undue Influence Proprietary Estoppel

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Parties

Gareth Hughes

Claimant

Carys Pritchard

First Defendant

Gwen Hughes

Second Defendant

Stephen Hughes

Third Defendant

Procedural Posture

Probate/contested Will / High Court Trial Judgment

Legal Issues

  1. 1 Whether the 2016 will of Evan Hughes is valid given allegations of lack of testamentary capacity, want of knowledge and approval, and/or undue influence; whether proprietary estoppel applies to Yr Efail farmland.

Ratio Decidendi

The 2016 will of Evan Hughes is invalid due to lack of testamentary capacity at the time of execution. The evidence established that by 7 July 2016, Evan Hughes did not have the capacity to appreciate the longstanding family understanding regarding the disposition of Yr Efail, to understand the extent of the property, or to comprehend the significance of the changes made in the 2016 will. The burden of proof on capacity was not discharged by the claimant. As a result, the 2016 will is set aside and the estate falls to be distributed under the previous valid will.

Court Disposition

2016 will declared invalid for lack of testamentary capacity; estate to be distributed under previous valid will.

Orders

  • 2016 will set aside as invalid.
  • Probate to be granted in respect of the 2005 will.