Singellos v Singellos

Singellos v Singellos

The March Will was validly executed and represented Mrs Singellos' testamentary intentions; the Company Documents, though executed when Mrs Singellos' capacity was diminished, are valid under the Parker v Felgate principle because she gave instructions with capacity and understood on execution that she was giving effect to those instructions.

Parties
Claimant: Gabriella Singellos; Defendant: Christopher Singellos
Jurisdiction
England and Wales
Judgment Date
29 September 2010
Procedural Posture
Probate/contentious Probate / Judgment After Trial
Outcome
Claim allowed in respect of the March Will; declaration granted as to validity of Company Documents under Parker v Felgate principle.
Legal Topics
Due Execution of Wills, Knowledge and Approval, Testamentary Capacity, Inter Vivos Gifts, Inheritance Tax Planning, Non Est Factum, Application of Parker V Felgate to Inter Vivos Transactions
Succession Law Probate Equity and Trusts Due Execution of Wills Knowledge and Approval Testamentary Capacity Inter Vivos Gifts Inheritance Tax Planning +2 more

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Parties

Gabriella Singellos

Claimant

Christopher Singellos

Defendant

Procedural Posture

Probate/contentious Probate / Judgment After Trial

Legal Issues

  1. 1 Whether the March Will of Mrs Smaragda Singellos was validly executed in accordance with section 9 of the Wills Act 1837
  2. 2 Whether Mrs Singellos knew and approved the contents of the March Will
  3. 3 Whether the Company Documents (inter vivos transfers of property) were validly executed by Mrs Singellos, particularly on 28 April 2008, given her physical and mental condition

Ratio Decidendi

The March Will was validly executed and represented Mrs Singellos' testamentary intentions; the Company Documents, though executed when Mrs Singellos' capacity was diminished, are valid under the Parker v Felgate principle because she gave instructions with capacity and understood on execution that she was giving effect to those instructions.

Court Disposition

Claim allowed in respect of the March Will; declaration granted as to validity of Company Documents under Parker v Felgate principle.

Orders

  • The March Will of Mrs Smaragda Singellos dated 19 March 2008 is admitted to probate as her valid will for the UK estate.
  • Declaration granted that the Company Documents executed to implement the inheritance tax scheme are valid and effective.