Rowinska, Re [2005] EWHC 2794 (Ch) (18 November 2005)

Rowinska, Re [2005] EWHC 2794 (Ch) (18 November 2005)

The court found that although forgery was not proved on the balance of probabilities, the suspicion regarding Maria Rowinska's knowledge and approval of the will was not removed. The evidence did not satisfy the court that Maria Rowinska knew and approved the contents of the will dated 19 February 2002, and probate was refused.

Citation
[2005] EWHC 2794 (Ch)
Parties
Claimant: Stanislaw Wyniczenko; Defendant: Krysytyna Plucinska-Surowka
Jurisdiction
England and Wales
Judgment Date
18 November 2005
Procedural Posture
Probate Action / Judgment After Trial
Outcome
Probate refused for the will dated 19 February 2002
Legal Topics
Forgery of Will, Knowledge and Approval, Testamentary Capacity, Undue Influence
Probate Wills and Estates Forgery of Will Knowledge and Approval Testamentary Capacity Undue Influence

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Parties

Stanislaw Wyniczenko

Claimant

Krysytyna Plucinska-Surowka

Defendant

Procedural Posture

Probate Action / Judgment After Trial

Legal Issues

  1. 1 Whether the will dated 19 February 2002 was forged
  2. 2 Whether Maria Rowinska knew and approved the contents of the will
  3. 3 Whether Maria Rowinska had testamentary capacity

Ratio Decidendi

The court found that although forgery was not proved on the balance of probabilities, the suspicion regarding Maria Rowinska's knowledge and approval of the will was not removed. The evidence did not satisfy the court that Maria Rowinska knew and approved the contents of the will dated 19 February 2002, and probate was refused.

Court Disposition

Probate refused for the will dated 19 February 2002

Orders

  • The claim for probate of the will dated 19 February 2002 is dismissed
  • Costs to be determined