Jeffery & Anor v Jeffery

Jeffery & Anor v Jeffery

The deceased had full testamentary capacity at the time of making the 2007 Will, was not subject to undue influence, knew and approved the contents of the Will, and the Will was not affected by extrinsic fraud. The executors are fit to act. The 2007 Will is valid and probate is granted in solemn form.

Parties
Claimant: Nicholas David Jeffery; Claimant: Christopher John Eyre; Defendant: Andrew Paul Jeffery
Jurisdiction
England and Wales
Judgment Date
10 July 2013
Procedural Posture
Probate / Judgment After Retrial
Outcome
Probate of the 2007 Will decreed in solemn form; claimants at liberty to take grant of probate.
Legal Topics
Testamentary Capacity, Undue Influence, Knowledge and Approval, Executor Replacement, Extrinsic Fraud
Probate Succession Family Law Testamentary Capacity Undue Influence Knowledge and Approval Executor Replacement Extrinsic Fraud

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Parties

Nicholas David Jeffery

Claimant

Christopher John Eyre

Claimant

Andrew Paul Jeffery

Defendant

Procedural Posture

Probate / Judgment After Retrial

Legal Issues

  1. 1 Whether the deceased had testamentary capacity to make the 2007 Will
  2. 2 Whether the 2007 Will was procured by undue influence
  3. 3 Whether the deceased knew and approved the contents of the 2007 Will

Ratio Decidendi

The deceased had full testamentary capacity at the time of making the 2007 Will, was not subject to undue influence, knew and approved the contents of the Will, and the Will was not affected by extrinsic fraud. The executors are fit to act. The 2007 Will is valid and probate is granted in solemn form.

Court Disposition

Probate of the 2007 Will decreed in solemn form; claimants at liberty to take grant of probate.

Orders

  • Pronouncement in solemn form in favour of the 2007 Will
  • Claimants permitted to take grant of probate