Key & Anor v Key & Ors

Key & Anor v Key & Ors

The court found that Mr Key lacked testamentary capacity at the time of executing the 2006 Will due to the combined effects of cognitive impairment and a severe affective disorder (bereavement), rendering him unable to exercise the decision-making powers required of a testator. The defendants failed to discharge the burden of proving capacity. Consequently, Mr Key could not and did not know and approve the contents of the 2006 Will.

Parties
Claimant: Richard George Frederick Key; Claimant: John Douglas Key; Defendant: Jane Frances Key; Defendant: Mary Ellen Boykin; Defendant: Victor Frederick Morgan; Defendant: James William Hugh Cocks
Jurisdiction
England and Wales
Judgment Date
05 March 2010
Procedural Posture
Probate/contentious Probate / Judgment After Trial
Outcome
Probate of the 2006 Will refused; probate of the 2001 Will granted.
Legal Topics
Testamentary Capacity, Knowledge and Approval, Undue Influence, Validity of Will
Succession Law Probate Testamentary Capacity Knowledge and Approval Undue Influence Validity of Will

Case Brief

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Parties

Richard George Frederick Key

Claimant

John Douglas Key

Claimant

Jane Frances Key

Defendant

Mary Ellen Boykin

Defendant

Victor Frederick Morgan

Defendant

James William Hugh Cocks

Defendant

Procedural Posture

Probate/contentious Probate / Judgment After Trial

Legal Issues

  1. 1 Whether George Douglas Key had testamentary capacity when executing the 2006 Will
  2. 2 Whether George Douglas Key knew and approved the contents of the 2006 Will

Ratio Decidendi

The court found that Mr Key lacked testamentary capacity at the time of executing the 2006 Will due to the combined effects of cognitive impairment and a severe affective disorder (bereavement), rendering him unable to exercise the decision-making powers required of a testator. The defendants failed to discharge the burden of proving capacity. Consequently, Mr Key could not and did not know and approve the contents of the 2006 Will.

Court Disposition

Probate of the 2006 Will refused; probate of the 2001 Will granted.

Orders

  • Declaration that the 2006 Will is not to be admitted to probate.
  • Order that probate of the 2001 Will be granted.