Blackman & Ors. v Man

Blackman & Ors. v Man

On the balance of probabilities, Mrs. Bechal had testamentary capacity and knew and approved the contents of the 1994 wills. The August 1994 will is valid. The circumstances did not warrant departure from the general rule that costs follow the event.

Parties
Claimants: Sandra Blackman & Ors.; Defendants: Kim Sing Man & Ors.; Defendant/executor: Third Defendant (Barclays Bank Trustee Company); Defendant/interested Party: Her Majesty’s Attorney General
Jurisdiction
England and Wales
Judgment Date
07 December 2007
Procedural Posture
Probate/contentious Probate / Judgment After Trial
Outcome
Claim dismissed; August 1994 will pronounced valid.
Legal Topics
Testamentary Capacity, Knowledge and Approval, Costs in Probate Proceedings
Succession Law Probate Wills Testamentary Capacity Knowledge and Approval Costs in Probate Proceedings

Case Brief

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Parties

Sandra Blackman & Ors.

Claimants

Kim Sing Man & Ors.

Defendants

Third Defendant (Barclays Bank Trustee Company)

Defendant/executor

Her Majesty’s Attorney General

Defendant/interested Party

Procedural Posture

Probate/contentious Probate / Judgment After Trial

Legal Issues

  1. 1 Whether Mrs. Bechal had testamentary capacity when executing the 1994 wills
  2. 2 Whether Mrs. Bechal knew and approved the contents of the 1994 wills
  3. 3 Proper order as to costs in probate litigation

Ratio Decidendi

On the balance of probabilities, Mrs. Bechal had testamentary capacity and knew and approved the contents of the 1994 wills. The August 1994 will is valid. The circumstances did not warrant departure from the general rule that costs follow the event.

Court Disposition

Claim dismissed; August 1994 will pronounced valid.

Orders

  • Pronouncement for the validity of the August 1994 will of Mrs. Bechal.
  • Claimants to pay the first and second defendants’ costs.