Couwenbergh v Valkova

Couwenbergh v Valkova

The court found that, although the 1990 Wills were not proven to be invalid for want of due execution, Mrs Adam lacked testamentary capacity at the time of their execution due to progressive dementia, as evidenced by her inability to recognise close relatives and consistent medical and social services records. The burden of proof, which shifted to the defendant, was not discharged. The 1978 Will, whose validity was not in issue, was therefore pronounced in force.

Parties
Claimant: Petrus Couwenbergh; Defendant: Bilyana Angelova Valkova
Jurisdiction
England and Wales
Judgment Date
16 October 2008
Procedural Posture
Probate Action / Judgment After Retrial
Outcome
Claim allowed; 1990 Wills declared invalid for want of testamentary capacity; 1978 Will pronounced valid.
Legal Topics
Testamentary Capacity, Due Execution of Wills, Knowledge and Approval, Undue Influence, Revocation of Grant of Probate
Probate Succession Wills and Estates Testamentary Capacity Due Execution of Wills Knowledge and Approval Undue Influence Revocation of Grant of Probate

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Parties

Petrus Couwenbergh

Claimant

Bilyana Angelova Valkova

Defendant

Procedural Posture

Probate Action / Judgment After Retrial

Legal Issues

  1. 1 Whether the 1990 Wills of Alice Adam were duly executed in accordance with the Wills Act 1837
  2. 2 Whether Alice Adam had testamentary capacity at the time of executing the 1990 Wills
  3. 3 Whether Alice Adam knew and approved the contents of the 1990 Wills

Ratio Decidendi

The court found that, although the 1990 Wills were not proven to be invalid for want of due execution, Mrs Adam lacked testamentary capacity at the time of their execution due to progressive dementia, as evidenced by her inability to recognise close relatives and consistent medical and social services records. The burden of proof, which shifted to the defendant, was not discharged. The 1978 Will, whose validity was not in issue, was therefore pronounced in force.

Court Disposition

Claim allowed; 1990 Wills declared invalid for want of testamentary capacity; 1978 Will pronounced valid.

Orders

  • Pronouncement in favour of the force and validity of the 1978 Will of Alice Adam.
  • Revocation of the grant of probate obtained by Dr Valkova based on the 1990 Will.