Kunicki & Anor v Hayward [2016] EWHC 3199 (Ch) (16 December 2016)

Kunicki & Anor v Hayward [2016] EWHC 3199 (Ch) (16 December 2016)

The court found that Mr. Hayward had testamentary capacity when making the 2013 Will, knew and approved its contents, and that the will was not procured by fraudulent calumny. The evidence from the drafting solicitor, the GP, and the expert psychiatrist was accepted. The defendant's alternative contract claim failed due to lack of certainty and credibility. The 2013 Will was admitted to probate in solemn form.

Citation
[2016] EWHC 3199 (Ch)
Parties
Claimant: Jan Kunicki; Claimant: Fiona Kunicki; Defendant: Iain Hayward
Jurisdiction
England and Wales
Judgment Date
16 December 2016
Procedural Posture
Probate Dispute (validity of Will) / Trial Judgment
Outcome
Claim allowed; 2013 Will admitted to probate in solemn form; counterclaim dismissed.
Legal Topics
Testamentary Capacity, Knowledge and Approval, Fraudulent Calumny, Contract to Share Inheritance
Wills and Probate Trusts and Estates Testamentary Capacity Knowledge and Approval Fraudulent Calumny Contract to Share Inheritance

Case Brief

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Parties

Jan Kunicki

Claimant

Fiona Kunicki

Claimant

Iain Hayward

Defendant

Procedural Posture

Probate Dispute (validity of Will) / Trial Judgment

Legal Issues

  1. 1 Whether the 2013 Will of Jack Hayward is valid
  2. 2 Whether Mr. Hayward had testamentary capacity at the time of the 2013 Will
  3. 3 Whether Mr. Hayward knew and approved the contents of the 2013 Will

Ratio Decidendi

The court found that Mr. Hayward had testamentary capacity when making the 2013 Will, knew and approved its contents, and that the will was not procured by fraudulent calumny. The evidence from the drafting solicitor, the GP, and the expert psychiatrist was accepted. The defendant's alternative contract claim failed due to lack of certainty and credibility. The 2013 Will was admitted to probate in solemn form.

Court Disposition

Claim allowed; 2013 Will admitted to probate in solemn form; counterclaim dismissed.

Orders

  • 2013 Will of Jack Hayward to be admitted to probate in solemn form.
  • Defendant's counterclaim for contract and specific performance dismissed.