The Vegetarian Society & Anor v Scott [2013] EWHC 4097 (Ch) (07 November 2013)

The Vegetarian Society & Anor v Scott [2013] EWHC 4097 (Ch) (07 November 2013)

Mr. McKeen was capable of logical, goal-directed activity when making his wills. Despite severe schizophrenia and thought disorder, the evidence from professional witnesses and Professor Jacoby established that he understood the nature and effect of his acts, the extent of his property, and the claims to which he should give effect. The defendant raised a real doubt, but the claimants discharged the burden of proof. The 2006 will is valid.

Citation
[2013] EWHC 4097 (Ch)
Parties
Claimant: The Vegetarian Society; Defendant: Jennifer Mariegold Scott
Jurisdiction
England and Wales
Judgment Date
07 November 2013
Procedural Posture
Probate / Final Judgment
Outcome
Claim allowed; 2006 will upheld as valid.
Legal Topics
Testamentary Capacity, Burden of Proof, Banks V. Goodfellow Test, Schizophrenia and Legal Capacity, Family Dynamics in Inheritance
Probate Mental Capacity Wills and Estates Testamentary Capacity Burden of Proof Banks V. Goodfellow Test Schizophrenia and Legal Capacity Family Dynamics in Inheritance

Case Brief

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Parties

The Vegetarian Society

Claimant

Jennifer Mariegold Scott

Defendant

Procedural Posture

Probate / Final Judgment

Legal Issues

  1. 1 Whether John McKeen had testamentary capacity when making his 2003 and 2006 wills
  2. 2 Whether a disorder of the mind prevented the exercise of natural faculties or comprehension of claims to which he should give effect
  3. 3 Whether the defendant raised a real doubt as to capacity shifting the burden of proof

Ratio Decidendi

Mr. McKeen was capable of logical, goal-directed activity when making his wills. Despite severe schizophrenia and thought disorder, the evidence from professional witnesses and Professor Jacoby established that he understood the nature and effect of his acts, the extent of his property, and the claims to which he should give effect. The defendant raised a real doubt, but the claimants discharged the burden of proof. The 2006 will is valid.

Court Disposition

Claim allowed; 2006 will upheld as valid.

Orders

  • Probate granted in respect of the 2006 will.
  • Estate to be distributed according to the 2006 will.