Nutt & Anor v Nutt

Nutt & Anor v Nutt

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 evidence established Mrs Nutt's intention to leave the house to Colin, and the claimants failed to discharge the burden of proof on undue influence or lack of capacity.

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 / Judgment
Outcome
claim dismissed
Legal Topics
Will Validity, Testamentary Capacity, Undue Influence, Knowledge and Approval
Probate Succession Will Validity Testamentary Capacity Undue Influence Knowledge and Approval

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Parties

Christopher Robert Nutt

Claimant

Vivienne Rosemary Nutt

Claimant

Colin Edwin Nutt

Defendant

Procedural Posture

Probate / Judgment

Legal Issues

  1. 1 Whether the 2010 will was validly executed by Mrs Nutt
  2. 2 Whether Mrs Nutt had testamentary capacity when 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 evidence established Mrs Nutt's intention to leave the house to Colin, and the claimants failed to discharge the burden of proof on undue influence or lack of capacity.

Court Disposition

claim dismissed

Orders

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