Rowinska, Re

Rowinska, Re

The court was not satisfied on the balance of probabilities that Maria Rowinska knew and approved the contents of the will dated 19th February 2002. The suspicions surrounding the preparation, execution, and content of the will were not removed. The claim to admit the will to probate failed.

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
claim dismissed
Legal Topics
Validity of Will, Knowledge and Approval, Forgery, Testamentary Capacity, Undue Influence
Probate Succession Validity of Will Knowledge and Approval Forgery 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 19th February 2002 was forged
  2. 2 Whether Maria Rowinska knew and approved the contents of the will
  3. 3 Whether the will should be admitted to probate

Ratio Decidendi

The court was not satisfied on the balance of probabilities that Maria Rowinska knew and approved the contents of the will dated 19th February 2002. The suspicions surrounding the preparation, execution, and content of the will were not removed. The claim to admit the will to probate failed.

Court Disposition

claim dismissed

Orders

  • Will dated 19th February 2002 refused probate
  • No counterclaim; probate in common form may be granted in favour of the 1993 will, subject to payment of Inheritance Tax