Henein v Laffa [2015] EWCA Civ 700 (16 June 2015)

Henein v Laffa [2015] EWCA Civ 700 (16 June 2015)

The trial judge correctly identified and applied the law regarding testamentary capacity, due execution, knowledge and approval, and undue influence. The findings of fact were open to her on the evidence. There was no error of law or fact justifying permission to appeal.

Citation
[2015] EWCA Civ 700
Parties
Applicant: Henein; Respondent: Laffa
Jurisdiction
England and Wales
Judgment Date
16 June 2015
Procedural Posture
Probate Appeal / Renewed Application for Permission to Appeal
Outcome
Permission to appeal refused
Legal Topics
Testamentary Capacity, Due Execution of Will, Knowledge and Approval, Undue Influence, Severance of Joint Tenancy, Costs
Family Law Probate Testamentary Capacity Due Execution of Will Knowledge and Approval Undue Influence Severance of Joint Tenancy Costs

Case Brief

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Parties

Henein

Applicant

Laffa

Respondent

Procedural Posture

Probate Appeal / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether the deceased had testamentary capacity
  2. 2 Whether the will was validly signed and attested
  3. 3 Whether the deceased knew and approved the contents of the will

Ratio Decidendi

The trial judge correctly identified and applied the law regarding testamentary capacity, due execution, knowledge and approval, and undue influence. The findings of fact were open to her on the evidence. There was no error of law or fact justifying permission to appeal.

Court Disposition

Permission to appeal refused

Orders

  • Renewed application for permission to appeal is refused