Baker & Anor v Hewston [2023] EWHC 1145 (Ch) (05 May 2023)

Baker & Anor v Hewston [2023] EWHC 1145 (Ch) (05 May 2023)

Stanley's 2020 will is valid as he had testamentary capacity under the Banks v Goodfellow test, which remains the governing standard in probate cases post-MCA; the MCA is consistent with but does not replace the common law test. No evidence of manipulation or incapacity sufficient to invalidate the will. Compromise reached with Diane Hewston reflects equitable considerations but does not affect the legal validity of the will.

Citation
[2023] EWHC 1145 (Ch)
Parties
Claimant: Jennifer Baker; Claimant: Emma Spiers; Defendant: Diane Hewston
Jurisdiction
England and Wales
Judgment Date
05 May 2023
Procedural Posture
Probate / Judgment After Trial and Compromise
Outcome
Compromise approved; 2020 will pronounced valid subject to Martin's right to object within 28 days.
Legal Topics
Testamentary Capacity, Mental Capacity Act 2005, Banks V Goodfellow, Validity of Wills, Golden Rule, Burden of Proof, Statutory Wills
Probate Trusts Property Law Testamentary Capacity Mental Capacity Act 2005 Banks V Goodfellow Validity of Wills Golden Rule +2 more

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Parties

Jennifer Baker

Claimant

Emma Spiers

Claimant

Diane Hewston

Defendant

Procedural Posture

Probate / Judgment After Trial and Compromise

Legal Issues

  1. 1 Whether Stanley had testamentary capacity to execute the 2020 will and prior wills
  2. 2 Relationship between Banks v Goodfellow test and Mental Capacity Act 2005
  3. 3 Presumption of capacity and burden of proof in probate cases

Ratio Decidendi

Stanley's 2020 will is valid as he had testamentary capacity under the Banks v Goodfellow test, which remains the governing standard in probate cases post-MCA; the MCA is consistent with but does not replace the common law test. No evidence of manipulation or incapacity sufficient to invalidate the will. Compromise reached with Diane Hewston reflects equitable considerations but does not affect the legal validity of the will.

Court Disposition

Compromise approved; 2020 will pronounced valid subject to Martin's right to object within 28 days.

Orders

  • Grant of Probate for Stanley's 2020 will to Jennifer Baker and Emma Spiers unless Martin objects within 28 days.
  • Payment from Stanley's estate to Diane Hewston as agreed.