Markou & Anor v Goodwin & Ors [2013] EWHC 4570 (Ch) (27 November 2013)

Markou & Anor v Goodwin & Ors [2013] EWHC 4570 (Ch) (27 November 2013)

The court found that Mrs Rand did not have testamentary capacity at the time of executing the 2007 Will, based on medical evidence of moderate cognitive impairment, confusion, and possible dementia, and insufficient evidence she knew and approved the contents of the will. The 2007 Will was invalid and did not revoke the 1969 Will.

Citation
[2013] EWHC 4570 (Ch)
Parties
Claimant: Markos Markou; Claimant: Nicholas Efthymiou; Claimant: Androulla Efthymiou; Defendant: Derek Goodwin; Defendant: Sheila Woolvin; Defendant: Sharon Martin
Jurisdiction
England and Wales
Judgment Date
27 November 2013
Procedural Posture
Probate Action / Trial Judgment
Outcome
Claim dismissed; counterclaim allowed
Legal Topics
Testamentary Capacity, Revocation of Wills, Burden of Proof, Execution of Wills
Probate Wills Capacity Testamentary Capacity Revocation of Wills Burden of Proof Execution of Wills

Case Brief

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Parties

Markos Markou

Claimant

Nicholas Efthymiou

Claimant

Androulla Efthymiou

Claimant

Derek Goodwin

Defendant

Sheila Woolvin

Defendant

Sharon Martin

Defendant

Procedural Posture

Probate Action / Trial Judgment

Legal Issues

  1. 1 Whether Mrs Rand had testamentary capacity at the time of executing the 2007 Will
  2. 2 Whether Mrs Rand knew and approved the contents of the 2007 Will
  3. 3 Whether the 2007 Will revoked the 1969 Will

Ratio Decidendi

The court found that Mrs Rand did not have testamentary capacity at the time of executing the 2007 Will, based on medical evidence of moderate cognitive impairment, confusion, and possible dementia, and insufficient evidence she knew and approved the contents of the will. The 2007 Will was invalid and did not revoke the 1969 Will.

Court Disposition

Claim dismissed; counterclaim allowed

Orders

  • Probate of the 1969 Will granted in solemn form
  • Grant of probate of the 2007 Will revoked