Turner v Phythian & Anor

Turner v Phythian & Anor

The will was invalid because Iris Wilson lacked testamentary capacity at the time of execution due to severe affective disorder and grief, and did not know or approve the contents of the will. The circumstances surrounding the preparation and execution of the will, including Mr Phythian's involvement and lack of independent advice, failed to remove the court's suspicion. The will was properly attested but fails for lack of capacity and knowledge and approval. Proprietary estoppel was not established as there was no clear promise or reliance.

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 / Judgment After Trial
Outcome
Will declared invalid; estate to be administered as intestate
Legal Topics
Testamentary Capacity, Due Execution of Wills, Knowledge and Approval of Will, Proprietary Estoppel
Succession Probate Equity Testamentary Capacity Due Execution of Wills Knowledge and Approval of Will Proprietary Estoppel

Case Brief

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Parties

Mrs Lynda Turner

Claimant

Mr Richard Phythian

First Defendant

Mrs Pamela Phythian

Second Defendant

Procedural Posture

Probate / Judgment After Trial

Legal Issues

  1. 1 Whether the will of Iris Doreen Mary Wilson was properly executed and attested
  2. 2 Whether Iris Wilson had mental capacity to make the will
  3. 3 Whether Iris Wilson knew and approved the contents of the will

Ratio Decidendi

The will was invalid because Iris Wilson lacked testamentary capacity at the time of execution due to severe affective disorder and grief, and did not know or approve the contents of the will. The circumstances surrounding the preparation and execution of the will, including Mr Phythian's involvement and lack of independent advice, failed to remove the court's suspicion. The will was properly attested but fails for lack of capacity and knowledge and approval. Proprietary estoppel was not established as there was no clear promise or reliance.

Court Disposition

Will declared invalid; estate to be administered as intestate

Orders

  • Revocation of the grant of probate of Iris Wilson’s estate obtained by Mr Phythian
  • Declaration that Iris Wilson died intestate