Parsonage (acting as personal representative in the estate) v Parsonage & Ors

Beryl Parsonage had testamentary capacity and knew and approved the contents of the 2011 Will at the time of execution. The 2011 Will reflects her true intentions to treat her children equally. The 2010 Will is invalid for want of knowledge and approval due to a material misapprehension regarding lifetime gifts and the extent of her estate.

Parties: Claimant: Ian Parsonage; First Defendant: Duncan Parsonage; Second Defendant: Tomas Parsonage; Third Defendant: Sian Folley; Fourth Defendant: Alison Taylor
Jurisdiction: England and Wales
Judgment Date: 10 September 2019
Procedural Posture: Probate / Judgment
Outcome: The 2011 Will is valid; the 2010 Will is invalid for want of knowledge and approval.
Legal Topics: Testamentary Capacity, Knowledge and Approval, Validity of Will, Burden of Proof, Family Property Disputes

Probate Succession Mental Capacity Testamentary Capacity Knowledge and Approval Validity of Will Burden of Proof Family Property Disputes

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Full judgment text Downloadable case file Legal principles 4 Authorities cited 13 Party arguments 2 Amounts and remedies 7

Parties

Ian Parsonage

Claimant

Duncan Parsonage

First Defendant

Tomas Parsonage

Second Defendant

Sian Folley

Third Defendant

Alison Taylor

Fourth Defendant

Procedural Posture

Probate / Judgment

Legal Issues

1 Whether Beryl Parsonage had testamentary capacity when executing the 2011 Will
2 Whether Beryl Parsonage knew and approved the contents of the 2011 Will
3 Whether the 2010 Will is invalid for want of knowledge and approval

Ratio Decidendi

Court Disposition

The 2011 Will is valid; the 2010 Will is invalid for want of knowledge and approval.

Orders

Decree of probate of the 2011 Will in solemn form
Removal of caveat No.79367