Loxston, Re [2006] EWHC 1291 (Ch) (04 May 2006)

Loxston, Re [2006] EWHC 1291 (Ch) (04 May 2006)

The court found that, on the balance of probabilities, Miss Loxston did not have testamentary capacity at the time of executing the 2003 will, and there was insufficient evidence that she knew and approved its contents. The 2003 will was therefore invalid, and probate should be granted in respect of the 1990 will.

Citation
[2006] EWHC 1291 (Ch)
Parties
Claimant: Ronald William Abbott; Claimant: Help The Aged; Defendant: Elizabeth Richardson
Jurisdiction
England and Wales
Judgment Date
04 May 2006
Procedural Posture
Probate Dispute / High Court Trial Judgment
Outcome
Claim allowed
Legal Topics
Testamentary Capacity, Undue Influence, Knowledge and Approval, Validity of Wills
Wills and Probate Equity Testamentary Capacity Undue Influence Knowledge and Approval Validity of Wills

Case Brief

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Parties

Ronald William Abbott

Claimant

Help The Aged

Claimant

Elizabeth Richardson

Defendant

Procedural Posture

Probate Dispute / High Court Trial Judgment

Legal Issues

  1. 1 Whether Dorothy Loxston had testamentary capacity when making her 2003 will
  2. 2 Whether the 2003 will was procured by undue influence
  3. 3 Whether there was want of knowledge and approval of the 2003 will

Ratio Decidendi

The court found that, on the balance of probabilities, Miss Loxston did not have testamentary capacity at the time of executing the 2003 will, and there was insufficient evidence that she knew and approved its contents. The 2003 will was therefore invalid, and probate should be granted in respect of the 1990 will.

Court Disposition

Claim allowed

Orders

  • The 2003 will is declared invalid.
  • Probate is to be granted in respect of the 1990 will.