Henein v Laffa

Henein v Laffa

The trial judge correctly identified and applied the relevant legal principles, found on the evidence that the deceased had testamentary capacity, the will was validly executed, the deceased knew and approved its contents, and there was no undue influence. There was no application for provision under the 1975 Act. The judge's findings were open to her and justified refusal of permission to appeal.

Parties
Applicant: Henein; Respondent: Laffa
Jurisdiction
England and Wales
Judgment Date
16 June 2015
Procedural Posture
Civil 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
Succession Law Probate Testamentary Capacity Due Execution of Will Knowledge and Approval Undue Influence Severance of Joint Tenancy

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Parties

Henein

Applicant

Laffa

Respondent

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Validity of the will dated 14 February 2008
  2. 2 Testamentary capacity of the deceased
  3. 3 Due execution and attestation of the will

Ratio Decidendi

The trial judge correctly identified and applied the relevant legal principles, found on the evidence that the deceased had testamentary capacity, the will was validly executed, the deceased knew and approved its contents, and there was no undue influence. There was no application for provision under the 1975 Act. The judge's findings were open to her and justified refusal of permission to appeal.

Court Disposition

Permission to appeal refused.

Orders

  • Renewed application for permission to appeal is refused.