Ledger v Wootton & Anor [2007] EWHC 2599 (Ch) (2 October 2007)

Ledger v Wootton & Anor [2007] EWHC 2599 (Ch) (2 October 2007)

The evidence, including expert psychiatric opinion and the deceased's medical history, raised a substantial doubt as to her testamentary capacity at the time of the will. The defendants failed to adduce affirmative evidence to establish capacity. The court found the deceased lacked capacity and pronounced against...

Source-derived case information.

Citation
[2007] EWHC 2599 (Ch)
Parties
Claimant: Judy Ledger; Defendant: Anthony Russell Wootton; Defendant: Lyndon Alexander Wootton
Jurisdiction
England and Wales
Judgment Date
02 October 2007
Procedural Posture
Probate Claim / Judgment After Trial on Written Evidence
Outcome
Will pronounced against; grant of probate revoked; letters of administration to issue.
Legal Topics
Testamentary Capacity, Revocation of Probate, Burden of Proof in Probate, Mental Health and Wills
Probate Wills and Estates Testamentary Capacity Revocation of Probate Burden of Proof in Probate Mental Health and Wills

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Summary, issues, holding and outcome

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Parties

Judy Ledger

Claimant

Anthony Russell Wootton

Defendant

Lyndon Alexander Wootton

Defendant

Procedural Posture

Probate Claim / Judgment After Trial on Written Evidence

Legal Issues

  1. 1 Whether the deceased, Margaret Wootton, had testamentary capacity at the time of executing her will in 1993
  2. 2 Whether the will should be set aside and probate revoked due to lack of capacity

Ratio Decidendi

The evidence, including expert psychiatric opinion and the deceased's medical history, raised a substantial doubt as to her testamentary capacity at the time of the will. The defendants failed to adduce affirmative evidence to establish capacity. The court found the deceased lacked capacity and pronounced against the will, revoking probate.

Court Disposition

Will pronounced against; grant of probate revoked; letters of administration to issue.

Orders

  • Revocation of grant of probate for will dated 29 October 1993
  • Letters of administration to issue (subject to further submissions)