Kunicki & Anor v Hayward

Kunicki & Anor v Hayward

The 2013 Will is valid. Mr. Hayward had testamentary capacity, knew and approved the contents of the Will, and there was no fraudulent calumny or undue influence. The alleged agreement between Fiona and Iain to share the inheritance equally was too vague and lacked intention to create legal relations, and is not enforceable.

Parties
Claimant: Jan Kunicki; Claimant: Fiona Kunicki; Defendant: Iain Hayward
Jurisdiction
England and Wales
Judgment Date
16 December 2016
Procedural Posture
Probate / Judgment After Trial
Outcome
Probate of the 2013 Will granted; counterclaim dismissed.
Legal Topics
Testamentary Capacity, Knowledge and Approval, Fraudulent Calumny, Undue Influence, Family Agreements
Succession Probate Wills Testamentary Capacity Knowledge and Approval Fraudulent Calumny Undue Influence Family Agreements

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Parties

Jan Kunicki

Claimant

Fiona Kunicki

Claimant

Iain Hayward

Defendant

Procedural Posture

Probate / Judgment After Trial

Legal Issues

  1. 1 Whether the 2013 Will of Jack Hayward is valid and should be admitted to probate
  2. 2 Whether Mr. Hayward had testamentary capacity when making the 2013 Will
  3. 3 Whether Mr. Hayward knew and approved the contents of the 2013 Will

Ratio Decidendi

The 2013 Will is valid. Mr. Hayward had testamentary capacity, knew and approved the contents of the Will, and there was no fraudulent calumny or undue influence. The alleged agreement between Fiona and Iain to share the inheritance equally was too vague and lacked intention to create legal relations, and is not enforceable.

Court Disposition

Probate of the 2013 Will granted; counterclaim dismissed.

Orders

  • Probate of the 2013 Will of Jack Hayward is decreed in solemn form.
  • The Amended Counterclaim by Iain Hayward is dismissed.