Nutt & Anor v Nutt [2018] EWHC 851 (Ch) (19 April 2018)

Nutt & Anor v Nutt [2018] EWHC 851 (Ch) (19 April 2018)

The 2010 will was validly executed by Mrs Nutt, who had testamentary capacity, knew and approved its contents, and was not subject to undue influence. The claimants failed to discharge the burden of proof on all grounds.

Citation
[2018] EWHC 851 (Ch)
Parties
Claimant: Christopher Robert Nutt; Claimant: Vivienne Rosemary Nutt; Defendant: Colin Edwin Nutt
Jurisdiction
England and Wales
Judgment Date
19 April 2018
Procedural Posture
Probate Claim / Judgment After Trial
Outcome
Claim dismissed. The 2010 will is valid and admitted to probate.
Legal Topics
Testamentary Capacity, Due Execution of Wills, Knowledge and Approval, Undue Influence, Revocation of Wills
Probate Wills and Estates Testamentary Capacity Due Execution of Wills Knowledge and Approval Undue Influence Revocation of Wills

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 6 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Christopher Robert Nutt

Claimant

Vivienne Rosemary Nutt

Claimant

Colin Edwin Nutt

Defendant

Procedural Posture

Probate Claim / Judgment After Trial

Legal Issues

  1. 1 Whether the 2010 will was validly executed by Mrs Nutt
  2. 2 Whether Mrs Nutt had testamentary capacity at the time of executing the 2010 will
  3. 3 Whether Mrs Nutt knew and approved the contents of the 2010 will

Ratio Decidendi

The 2010 will was validly executed by Mrs Nutt, who had testamentary capacity, knew and approved its contents, and was not subject to undue influence. The claimants failed to discharge the burden of proof on all grounds.

Court Disposition

Claim dismissed. The 2010 will is valid and admitted to probate.

Orders

  • The claim is dismissed.
  • The 2010 will is admitted to probate as the last valid will of Mrs Nutt.