Carapeto v Good & Ors [2002] EWHC 640 (Ch) (19 April 2002)

Carapeto v Good & Ors [2002] EWHC 640 (Ch) (19 April 2002)

The court found that Miss Good had testamentary capacity, knew and approved the contents of the May 1999 will, and that there was no undue influence by the Carapeto family. The will was the product of Miss Good's free and independent decision, and the claimant discharged the burden of proof required in the circumstances.

Citation
[2002] EWHC 640 (Ch)
Parties
Claimant: Natividade Ines Maricota Ferreira Carapeto; Defendants: William Marsh Good and Others
Jurisdiction
England and Wales
Judgment Date
19 April 2002
Procedural Posture
Probate Action / Judgment After Trial
Outcome
Claim allowed; May 1999 will admitted to probate in solemn form.
Legal Topics
Testamentary Capacity, Knowledge and Approval, Undue Influence, Intestacy
Wills and Probate Equity Testamentary Capacity Knowledge and Approval Undue Influence Intestacy

Case Brief

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Parties

Natividade Ines Maricota Ferreira Carapeto

Claimant

William Marsh Good and Others

Defendants

Procedural Posture

Probate Action / Judgment After Trial

Legal Issues

  1. 1 Whether Miss Good knew and approved the contents of the May 1999 will
  2. 2 Whether the May 1999 will was procured by undue influence

Ratio Decidendi

The court found that Miss Good had testamentary capacity, knew and approved the contents of the May 1999 will, and that there was no undue influence by the Carapeto family. The will was the product of Miss Good's free and independent decision, and the claimant discharged the burden of proof required in the circumstances.

Court Disposition

Claim allowed; May 1999 will admitted to probate in solemn form.

Orders

  • The May 1999 will of Ethel Mary Good is admitted to probate in solemn form.
  • Costs reserved for further determination.