Greaves v Stolkin

Greaves v Stolkin

Leslie Stolkin had testamentary capacity and knew and approved the contents of the Disputed Codicil when he executed it; the codicil is valid and should be admitted to probate.

Parties
Claimant/defendant to Counterclaim/claimant in Additional Claim Against Third Party: Pauline Greaves; Defendant/third Party Defendant to Additional Claim: Gary Matthew Stolkin; Third Party Defendant: H. Montlake & Co
Jurisdiction
England and Wales
Judgment Date
03 May 2013
Procedural Posture
Probate / Judgment
Outcome
Disputed Codicil is valid and admitted to probate.
Legal Topics
Testamentary Capacity, Knowledge and Approval, Validity of Codicil, Inheritance, Estate Administration
Succession Probate Testamentary Capacity Knowledge and Approval Validity of Codicil Inheritance Estate Administration

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Parties

Pauline Greaves

Claimant/defendant to Counterclaim/claimant in Additional Claim Against Third Party

Gary Matthew Stolkin

Defendant/third Party Defendant to Additional Claim

H. Montlake & Co

Third Party Defendant

Procedural Posture

Probate / Judgment

Legal Issues

  1. 1 Whether the Disputed Codicil executed by Leslie Stolkin is valid
  2. 2 Whether Leslie Stolkin had testamentary capacity at the time of execution
  3. 3 Whether Leslie Stolkin knew and approved the contents of the Disputed Codicil

Ratio Decidendi

Leslie Stolkin had testamentary capacity and knew and approved the contents of the Disputed Codicil when he executed it; the codicil is valid and should be admitted to probate.

Court Disposition

Disputed Codicil is valid and admitted to probate.

Orders

  • Disputed Codicil to be admitted to probate.