Markou & Anor v Goodwin & Ors

Markou & Anor v Goodwin & Ors

Claimants failed to discharge the burden of proof that Mrs Rand had testamentary capacity on 15 or 20 June 2007. Medical evidence, lay testimony, and oddities in instructions and side letter indicated underlying dementia and cognitive impairment. The requirements of Banks v Goodfellow and Parker v Felgate were not satisfied. The 2007 Will is invalid; the 1969 Will stands.

Parties
Claimants: Markou & Another; Defendants: Goodwin & Others
Jurisdiction
England and Wales
Judgment Date
27 November 2013
Procedural Posture
Probate Action / Trial Judgment
Outcome
Pronounced against the 2007 Will; admitted the 1969 Will to probate in solemn form.
Legal Topics
Testamentary Capacity, Revocation of Wills, Knowledge and Approval, Burden of Proof
Succession Probate Mental Capacity Testamentary Capacity Revocation of Wills Knowledge and Approval Burden of Proof

Case Brief

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Parties

Markou & Another

Claimants

Goodwin & Others

Defendants

Procedural Posture

Probate Action / Trial Judgment

Legal Issues

  1. 1 Whether Mrs Rand had testamentary capacity at the time of executing the 2007 Will
  2. 2 Whether Mrs Rand knew and approved the contents of the 2007 Will

Ratio Decidendi

Claimants failed to discharge the burden of proof that Mrs Rand had testamentary capacity on 15 or 20 June 2007. Medical evidence, lay testimony, and oddities in instructions and side letter indicated underlying dementia and cognitive impairment. The requirements of Banks v Goodfellow and Parker v Felgate were not satisfied. The 2007 Will is invalid; the 1969 Will stands.

Court Disposition

Pronounced against the 2007 Will; admitted the 1969 Will to probate in solemn form.

Orders

  • Grant of probate of the 1969 Will in solemn form
  • Revocation of any grant based on the 2007 Will