Key & Anor v Key & Ors [2010] EWHC 408 (Ch) (05 March 2010)

Key & Anor v Key & Ors [2010] EWHC 408 (Ch) (05 March 2010)

The court found that, at the time of executing the 2006 Will, George Douglas Key was suffering from a combination of cognitive impairment and an affective disorder caused by recent bereavement, which together deprived him of testamentary capacity. The will was prepared without adequate safeguards, and the solicitor failed to follow the Golden Rule. The claimants discharged the burden of proving lack of capacity, and the 2006 Will was declared invalid.

Citation
[2010] EWHC 408 (Ch)
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 Wills / First Instance Judgment After Trial
Outcome
Claim allowed; 2006 Will declared invalid for want of testamentary capacity.
Legal Topics
Testamentary Capacity, Knowledge and Approval, Golden Rule in Will Making, Undue Influence, Validity of Wills
Probate Wills and Succession Mental Capacity Testamentary Capacity Knowledge and Approval Golden Rule in Will Making Undue Influence Validity of Wills

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 Wills / First Instance Judgment After Trial

Legal Issues

  1. 1 Whether George Douglas Key had testamentary capacity at the time of 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, at the time of executing the 2006 Will, George Douglas Key was suffering from a combination of cognitive impairment and an affective disorder caused by recent bereavement, which together deprived him of testamentary capacity. The will was prepared without adequate safeguards, and the solicitor failed to follow the Golden Rule. The claimants discharged the burden of proving lack of capacity, and the 2006 Will was declared invalid.

Court Disposition

Claim allowed; 2006 Will declared invalid for want of testamentary capacity.

Orders

  • Probate of the 2006 Will refused.
  • Costs to be determined.