Hughes v Pritchard & Ors [2022] EWCA Civ 386 (24 March 2022)

Hughes v Pritchard & Ors [2022] EWCA Civ 386 (24 March 2022)

The Court of Appeal held that the trial judge was entitled to find, on the evidence, that the deceased lacked testamentary capacity at the time of executing the 2016 Will. The judge properly evaluated the evidence, including the limitations of the solicitor's and GP's assessments, and found that the deceased did not understand the extent of his property, the effect of the changes, or the claims of those excluded. The strong evidential weight of a will drafted by an experienced solicitor was not a true presumption and was displaced by the clear evidence of cognitive decline and lack of understanding. The Parker v Felgate argument was not permitted on appeal as it was not pleaded or argued...

Citation
[2022] EWCA Civ 386
Parties
Appellant/claimant: Gareth Hughes; Respondent/defendant: Carys Pritchard; Respondent/defendant: Gwen Hughes; Respondent/defendant: Stephen Hughes
Jurisdiction
England and Wales
Judgment Date
24 March 2022
Procedural Posture
Probate Appeal / Appeal From High Court (chancery Division) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Testamentary Capacity, Validity of Wills, Proprietary Estoppel, Knowledge and Approval, Undue Influence
Wills and Probate Property Law Testamentary Capacity Validity of Wills Proprietary Estoppel Knowledge and Approval Undue Influence

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Parties

Gareth Hughes

Appellant/claimant

Carys Pritchard

Respondent/defendant

Gwen Hughes

Respondent/defendant

Stephen Hughes

Respondent/defendant

Procedural Posture

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

Legal Issues

  1. 1 Whether the deceased, Evan Richard Hughes, had testamentary capacity at the time of executing the 2016 Will
  2. 2 Whether the 2016 Will is valid or invalid for want of knowledge and approval or undue influence
  3. 3 Whether proprietary estoppel arises in favour of Elfed Hughes' estate

Ratio Decidendi

The Court of Appeal held that the trial judge was entitled to find, on the evidence, that the deceased lacked testamentary capacity at the time of executing the 2016 Will. The judge properly evaluated the evidence, including the limitations of the solicitor's and GP's assessments, and found that the deceased did not understand the extent of his property, the effect of the changes, or the claims of those excluded. The strong evidential weight of a will drafted by an experienced solicitor was not a true presumption and was displaced by the clear evidence of cognitive decline and lack of understanding. The Parker v Felgate argument was not permitted on appeal as it was not pleaded or argued...

Court Disposition

Appeal dismissed

Orders

  • The 2016 Will is invalid for lack of testamentary capacity.
  • The 2005 Will is admitted to probate.