Tociapski v Tociapski [2013] EWHC 1770 (Ch) (20 March 2013)

Tociapski v Tociapski [2013] EWHC 1770 (Ch) (20 March 2013)

The 2009 will is invalid because the deceased did not know and approve its contents, given his impaired capacity and total dependence on the Defendant; the transfer of Hillcrest Cottage is set aside for undue influence as the circumstances and relationship called for explanation, which was not satisfactorily provided.

Citation
[2013] EWHC 1770 (Ch)
Parties
Claimant: Paul Tociapski; Defendant: Boris Tociapski
Jurisdiction
England and Wales
Judgment Date
20 March 2013
Procedural Posture
Probate/chancery / Final Judgment After Trial; Defendant Absent
Outcome
Claim allowed; 2009 will set aside; transfer set aside for undue influence.
Legal Topics
Validity of Will, Undue Influence, Testamentary Capacity, Non Est Factum, Setting Aside Inter Vivos Transfer
Probate Equity Property Law Validity of Will Undue Influence Testamentary Capacity Non Est Factum Setting Aside Inter Vivos Transfer

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Parties

Paul Tociapski

Claimant

Boris Tociapski

Defendant

Procedural Posture

Probate/chancery / Final Judgment After Trial; Defendant Absent

Legal Issues

  1. 1 Whether the 2009 will is valid and represents the deceased's testamentary intentions
  2. 2 Whether the deceased knew and approved the contents of the 2009 will
  3. 3 Whether the 2009 will was procured by undue influence

Ratio Decidendi

The 2009 will is invalid because the deceased did not know and approve its contents, given his impaired capacity and total dependence on the Defendant; the transfer of Hillcrest Cottage is set aside for undue influence as the circumstances and relationship called for explanation, which was not satisfactorily provided.

Court Disposition

Claim allowed; 2009 will set aside; transfer set aside for undue influence.

Orders

  • Declaration that the 2009 will is invalid and set aside
  • Revocation of grant of probate dated 27 May 2010