Burns & Ors v Burns [2016] EWCA Civ 37 (28 January 2016)

Burns & Ors v Burns [2016] EWCA Civ 37 (28 January 2016)

The judge was entitled to find, on the evidence, that the deceased had testamentary capacity when giving instructions for and executing the 2005 Will, and knew and approved its contents. The burden of proof was correctly applied, and the evidence supported the validity of the 2005 Will under the rule in Parker v Felgate.

Citation
[2016] EWCA Civ 37
Parties
Appellant (representing Estate of Anthony Burns, Deceased): Steven Anthony Burns; Appellant (representing Estate of Anthony Burns, Deceased): Laura Olivia Gramauskas; Respondent: Colin Leslie Burns
Jurisdiction
England and Wales
Judgment Date
28 January 2016
Procedural Posture
Probate Appeal / Appeal From High Court (chancery Division, Probate) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Testamentary Capacity, Knowledge and Approval, Burden of Proof, Validity of Wills
Probate Wills and Estates Testamentary Capacity Knowledge and Approval Burden of Proof Validity 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 4 Authorities cited 8 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Steven Anthony Burns

Appellant (representing Estate of Anthony Burns, Deceased)

Laura Olivia Gramauskas

Appellant (representing Estate of Anthony Burns, Deceased)

Colin Leslie Burns

Respondent

Procedural Posture

Probate Appeal / Appeal From High Court (chancery Division, Probate) to Court of Appeal

Legal Issues

  1. 1 Whether the deceased had testamentary capacity at the time of giving instructions for and executing the 2005 Will
  2. 2 Whether the deceased knew and approved the contents of the 2005 Will
  3. 3 Whether the burden of proof was properly applied regarding capacity and knowledge and approval

Ratio Decidendi

The judge was entitled to find, on the evidence, that the deceased had testamentary capacity when giving instructions for and executing the 2005 Will, and knew and approved its contents. The burden of proof was correctly applied, and the evidence supported the validity of the 2005 Will under the rule in Parker v Felgate.

Court Disposition

Appeal dismissed

Orders

  • Pronouncement in favour of the 2005 Will
  • Counterclaim dismissed