Parsonage (acting as personal representative in the estate) v Parsonage & Ors [2019] EWHC 2362 (Ch) (10 September 2019)

Parsonage (acting as personal representative in the estate) v Parsonage & Ors [2019] EWHC 2362 (Ch) (10 September 2019)

The court found that Beryl Parsonage had testamentary capacity when executing the 2011 Will, understood the nature and effect of the will, the extent of her property, and the claims upon her. The 2011 Will was executed in the presence of independent witnesses, and there was no sufficient evidence to rebut the presumption of capacity or to show want of knowledge and approval. The 2011 Will was therefore valid and should be admitted to probate.

Citation
[2019] EWHC 2362 (Ch)
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 Dispute / High Court Trial Judgment
Outcome
Claim allowed. The 2011 Will is valid and admitted to probate.
Legal Topics
Testamentary Capacity, Knowledge and Approval, Validity of Wills, Burden of Proof in Probate, Intestacy
Wills and Probate Property Law Testamentary Capacity Knowledge and Approval Validity of Wills Burden of Proof in Probate Intestacy

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Parties

Ian Parsonage

Claimant

Duncan Parsonage

First Defendant

Tomas Parsonage

Second Defendant

Sian Folley

Third Defendant

Alison Taylor

Fourth Defendant

Procedural Posture

Probate Dispute / High Court Trial Judgment

Legal Issues

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

Ratio Decidendi

The court found that Beryl Parsonage had testamentary capacity when executing the 2011 Will, understood the nature and effect of the will, the extent of her property, and the claims upon her. The 2011 Will was executed in the presence of independent witnesses, and there was no sufficient evidence to rebut the presumption of capacity or to show want of knowledge and approval. The 2011 Will was therefore valid and should be admitted to probate.

Court Disposition

Claim allowed. The 2011 Will is valid and admitted to probate.

Orders

  • Decree of probate in solemn form granted for the 2011 Will of Beryl Parsonage.
  • Order for removal of the caveat entered by the first defendant.