Turner v Phythian & Anor [2013] EWHC 499 (Ch) (15 March 2013)

Turner v Phythian & Anor [2013] EWHC 499 (Ch) (15 March 2013)

The will was properly executed in accordance with statutory formalities. However, the evidence established that Iris Wilson, at the time of making the will, was suffering from a severe affective disorder due to bereavement and longstanding mental fragility, and did not have testamentary capacity. Consequently, she could not have known or approved the contents of the will. The suspicious circumstances of the will's preparation by a principal beneficiary, without independent advice and with minimal instructions, reinforced the conclusion that the will was invalid.

Citation
[2013] EWHC 499 (Ch)
Parties
Claimant: Mrs Lynda Turner; First Defendant: Mr Richard Phythian; Second Defendant: Mrs Pamela Phythian
Jurisdiction
England and Wales
Judgment Date
15 March 2013
Procedural Posture
Probate Will Contest / High Court Trial Judgment
Outcome
Will declared invalid for lack of testamentary capacity.
Legal Topics
Testamentary Capacity, Due Execution of Wills, Knowledge and Approval of Will, Undue Influence, Burden of Proof in Probate
Probate Wills and Estates Mental Capacity Testamentary Capacity Due Execution of Wills Knowledge and Approval of Will Undue Influence Burden of Proof in Probate

Case Brief

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Parties

Mrs Lynda Turner

Claimant

Mr Richard Phythian

First Defendant

Mrs Pamela Phythian

Second Defendant

Procedural Posture

Probate Will Contest / High Court Trial Judgment

Legal Issues

  1. 1 Whether the will of Iris Doreen Mary Wilson was properly executed under the Wills Act 1837
  2. 2 Whether Iris Wilson had testamentary capacity at the time of making the will
  3. 3 Whether Iris Wilson knew and approved the contents of the will

Ratio Decidendi

The will was properly executed in accordance with statutory formalities. However, the evidence established that Iris Wilson, at the time of making the will, was suffering from a severe affective disorder due to bereavement and longstanding mental fragility, and did not have testamentary capacity. Consequently, she could not have known or approved the contents of the will. The suspicious circumstances of the will's preparation by a principal beneficiary, without independent advice and with minimal instructions, reinforced the conclusion that the will was invalid.

Court Disposition

Will declared invalid for lack of testamentary capacity.

Orders

  • Probate of the will dated 31 August 2010 refused.
  • Costs to be determined.