Ledger v Wootton & Anor

Ledger v Wootton & Anor

The claimant raised a real doubt as to the deceased's testamentary capacity through factual and expert evidence. The defendants failed to adduce affirmative evidence to establish capacity. On the balance of evidence, the deceased lacked capacity at the date of the will, requiring the court to pronounce against the will and revoke the grant.

Parties
Claimant: Judy Ledger; Defendant: Anthony Russell Wootton; Defendant: Lyndon Alexander Wootton
Jurisdiction
England and Wales
Judgment Date
02 October 2007
Procedural Posture
Probate / 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 Grant of Probate, Burden of Proof in Will Contests
Succession Probate Testamentary Capacity Revocation of Grant of Probate Burden of Proof in Will Contests

Case Brief

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Parties

Judy Ledger

Claimant

Anthony Russell Wootton

Defendant

Lyndon Alexander Wootton

Defendant

Procedural Posture

Probate / Judgment After Trial on Written Evidence

Legal Issues

  1. 1 Whether the deceased had testamentary capacity at the time of executing the will
  2. 2 Whether the will should be revoked and letters of administration granted

Ratio Decidendi

The claimant raised a real doubt as to the deceased's testamentary capacity through factual and expert evidence. The defendants failed to adduce affirmative evidence to establish capacity. On the balance of evidence, the deceased lacked capacity at the date of the will, requiring the court to pronounce against the will and revoke the grant.

Court Disposition

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

Orders

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