Kostic v Chaplin & Ors [2007] EWHC 2298 (Ch) (15 October 2007)

Kostic v Chaplin & Ors [2007] EWHC 2298 (Ch) (15 October 2007)

The court held that Bane Kostic lacked testamentary capacity at the time of making the 1988 and 1989 Wills because his delusional disorder influenced the dispositions in those wills. The delusions poisoned his affections and perverted his sense of right, particularly in relation to his family, and brought about a disposal of his estate which he would not have made if of sound mind. Therefore, the 1988 and 1989 Wills were invalid.

Citation
[2007] EWHC 2298 (Ch)
Parties
Claimant: Zoran Kostic; First Defendant: Sir Malcolm Chaplin; Second Defendant: Martin Saunders; Third Defendant: H M Attorney General
Jurisdiction
England and Wales
Judgment Date
15 October 2007
Procedural Posture
Probate Action / Judgment After Trial
Outcome
The court pronounced against the validity of the 1988 and 1989 Wills and for the validity of the 1974 Will. Zoran Kostic was entitled to the estate as sole beneficiary under the 1974 Will.
Legal Topics
Testamentary Capacity, Delusional Disorder and Wills, Validity of Wills, Charitable Trusts, Purpose Trusts, Burden of Proof in Probate
Probate Wills and Estates Mental Capacity Testamentary Capacity Delusional Disorder and Wills Validity of Wills Charitable Trusts Purpose Trusts +1 more

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Parties

Zoran Kostic

Claimant

Sir Malcolm Chaplin

First Defendant

Martin Saunders

Second Defendant

H M Attorney General

Third Defendant

Procedural Posture

Probate Action / Judgment After Trial

Legal Issues

  1. 1 Whether the testator, Branislav Kostic, had testamentary capacity at the time of making the 1988 and 1989 Wills
  2. 2 Whether the delusional disorder from which the testator suffered affected the dispositions in the 1988 and 1989 Wills
  3. 3 Whether the 1989 Will (if valid) creates a valid charitable trust or a void non-charitable purpose trust

Ratio Decidendi

The court held that Bane Kostic lacked testamentary capacity at the time of making the 1988 and 1989 Wills because his delusional disorder influenced the dispositions in those wills. The delusions poisoned his affections and perverted his sense of right, particularly in relation to his family, and brought about a disposal of his estate which he would not have made if of sound mind. Therefore, the 1988 and 1989 Wills were invalid.

Court Disposition

The court pronounced against the validity of the 1988 and 1989 Wills and for the validity of the 1974 Will. Zoran Kostic was entitled to the estate as sole beneficiary under the 1974 Will.

Orders

  • Pronounced against the force and validity of the 1988 and 1989 Wills and the 1984 Codicil.
  • Pronounced for the force and validity of the 1974 Will.