Lonsdale v Teasdale & Ors [2021] EWHC 2342 (Ch) (20 August 2021)

Lonsdale v Teasdale & Ors [2021] EWHC 2342 (Ch) (20 August 2021)

The District Judge failed to correctly apply the burden of proof regarding testamentary capacity; on the correct application, the First Defendant failed to prove the deceased had capacity to execute the 2017 will. The 2014 will is therefore valid and should be admitted to probate.

Citation
[2021] EWHC 2342 (Ch)
Parties
Appellant/claimant: Paula Lonsdale; First Respondent/defendant: Carl Teasdale; Second Respondent/defendant: Matthew Paul Evans; Third Respondent/defendant: Alun Rhys Jones
Jurisdiction
England and Wales
Judgment Date
20 August 2021
Procedural Posture
Probate Appeal / High Court Appeal From County Court Decision
Outcome
Appeal allowed
Legal Topics
Testamentary Capacity, Burden of Proof, Procedural Irregularity, Will Validity
Probate Wills and Estates Civil Procedure Testamentary Capacity Burden of Proof Procedural Irregularity Will Validity

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Parties

Paula Lonsdale

Appellant/claimant

Carl Teasdale

First Respondent/defendant

Matthew Paul Evans

Second Respondent/defendant

Alun Rhys Jones

Third Respondent/defendant

Procedural Posture

Probate Appeal / High Court Appeal From County Court Decision

Legal Issues

  1. 1 Whether the deceased had testamentary capacity at the time of executing the 2017 will
  2. 2 Whether there was a serious procedural irregularity in the trial
  3. 3 Whether the District Judge applied the correct burden of proof

Ratio Decidendi

The District Judge failed to correctly apply the burden of proof regarding testamentary capacity; on the correct application, the First Defendant failed to prove the deceased had capacity to execute the 2017 will. The 2014 will is therefore valid and should be admitted to probate.

Court Disposition

Appeal allowed

Orders

  • The 2014 will is proved and admitted to probate.
  • The counterclaim for proof of the 2017 will is dismissed.