Morris v Fuirer & Ors [2021] EWHC 3566 (Ch) (25 January 2022)

Morris v Fuirer & Ors [2021] EWHC 3566 (Ch) (25 January 2022)

Claimant failed to adduce any credible evidence to rebut the presumption of testamentary capacity, knowledge and approval, or to establish undue influence or fraudulent calumny. The 2006 and 2010 Wills were rational, properly executed, and reflected Mrs Morris's intentions following estrangement from Claimant. No enforceable testamentary promise existed. Claim has no real prospect of success.

Citation
[2021] EWHC 3566 (Ch)
Parties
Claimant: Kevin Christopher Morris; First Defendant: Juliet Fuirer; Second Defendant: Jeremy Birkett; Third Defendant: Susan Christine Glenholme; Fourth Defendant: Julie Collins; Fifth Defendant: Rachel Hyndman; Sixth Defendant: Age UK; Seventh Defendant: Hope for Children; Eighth Defendant: Become; Ninth Defendant: The Salvation Army
Jurisdiction
England and Wales
Judgment Date
25 January 2022
Procedural Posture
Probate Claim / Summary Judgment Application
Outcome
Claim dismissed. Summary judgment for Defendants. 2010 Will pronounced valid.
Legal Topics
Testamentary Capacity, Knowledge and Approval, Undue Influence, Fraudulent Calumny, Testamentary Promise, Summary Judgment, Strike Out
Probate Trusts Property Testamentary Capacity Knowledge and Approval Undue Influence Fraudulent Calumny Testamentary Promise +2 more

Case Brief

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Parties

Kevin Christopher Morris

Claimant

Juliet Fuirer

First Defendant

Jeremy Birkett

Second Defendant

Susan Christine Glenholme

Third Defendant

Julie Collins

Fourth Defendant

Rachel Hyndman

Fifth Defendant

Age UK

Sixth Defendant

Hope for Children

Seventh Defendant

Become

Eighth Defendant

The Salvation Army

Ninth Defendant

Procedural Posture

Probate Claim / Summary Judgment Application

Legal Issues

  1. 1 Validity of 2006 and 2010 Wills of Cynthia Morris
  2. 2 Testamentary capacity of Mrs Morris
  3. 3 Knowledge and approval of Will contents

Ratio Decidendi

Claimant failed to adduce any credible evidence to rebut the presumption of testamentary capacity, knowledge and approval, or to establish undue influence or fraudulent calumny. The 2006 and 2010 Wills were rational, properly executed, and reflected Mrs Morris's intentions following estrangement from Claimant. No enforceable testamentary promise existed. Claim has no real prospect of success.

Court Disposition

Claim dismissed. Summary judgment for Defendants. 2010 Will pronounced valid.

Orders

  • Claim dismissed
  • Pronouncement for force and validity of 2010 Will