Skillett v Skillett [2022] EWHC 233 (Ch) (08 February 2022)

Skillett v Skillett [2022] EWHC 233 (Ch) (08 February 2022)

The testator had testamentary capacity at the time of executing the will, as evidenced by the solicitor's observations, medical records, and expert opinion. The will reflected the testator's instructions and intentions, and he knew and approved its contents. The lack of mathematical equality at the date of death...

Source-derived case information.

Citation
[2022] EWHC 233 (Ch)
Parties
Claimant: Stephen Edwin Skillett; Defendant: Gary Charles Skillett
Jurisdiction
England and Wales
Judgment Date
08 February 2022
Procedural Posture
Probate Will Challenge / Final Judgment After Trial
Outcome
Claim succeeded; will propounded in solemn form.
Legal Topics
Testamentary Capacity, Knowledge and Approval, Validity of Will
Probate Wills and Estates Testamentary Capacity Knowledge and Approval Validity of Will

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Parties

Stephen Edwin Skillett

Claimant

Gary Charles Skillett

Defendant

Procedural Posture

Probate Will Challenge / Final Judgment After Trial

Legal Issues

  1. 1 Whether the testator, Charles Skillett, had testamentary capacity at the time of executing the will on 19 May 2011
  2. 2 Whether the testator knew and approved the contents of the will

Ratio Decidendi

The testator had testamentary capacity at the time of executing the will, as evidenced by the solicitor's observations, medical records, and expert opinion. The will reflected the testator's instructions and intentions, and he knew and approved its contents. The lack of mathematical equality at the date of death does not undermine the validity of the will.

Court Disposition

Claim succeeded; will propounded in solemn form.

Orders

  • The will of Charles Skillett executed on 19 May 2011 shall be propounded in solemn form.
  • Costs to be determined on written submissions, with the normal order being for the Defendant to pay the Claimant’s costs, subject to detailed assessment if not agreed.