Devas & Ors v Mackay

Devas & Ors v Mackay

On the balance of probabilities, Mrs Devas lacked testamentary capacity at the time of executing the disputed will. The circumstances surrounding its execution were highly suspicious, and the defendant failed to discharge the burden of proving knowledge and approval. The disputed will does not represent the true intentions of Mrs Devas.

Parties
Claimant: Angela Dorothea Devas; Claimant: Elizabeth Ferelith Mary Devas; Claimant: Magdalen Catherine Devas; Claimant: Annabel Devas; Defendant: Marcus Mackay
Jurisdiction
England and Wales
Judgment Date
31 July 2009
Procedural Posture
Probate Action / Final Judgment
Outcome
Disputed will pronounced invalid; 2002 will admitted to probate in solemn form; possession of Mrs Devas' flat ordered; costs awarded against defendant on indemnity basis.
Legal Topics
Testamentary Capacity, Knowledge and Approval, Burden of Proof, Suspicious Circumstances
Probate Succession Capacity Testamentary Capacity Knowledge and Approval Burden of Proof Suspicious Circumstances

Case Brief

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Parties

Angela Dorothea Devas

Claimant

Elizabeth Ferelith Mary Devas

Claimant

Magdalen Catherine Devas

Claimant

Annabel Devas

Claimant

Marcus Mackay

Defendant

Procedural Posture

Probate Action / Final Judgment

Legal Issues

  1. 1 Whether Mrs Devas had testamentary capacity at the time of executing the disputed will dated 1 November 2005
  2. 2 Whether Mrs Devas knew and approved the contents of the disputed will
  3. 3 Whether the circumstances surrounding the execution of the disputed will aroused suspicion requiring the propounder to affirmatively prove its validity

Ratio Decidendi

On the balance of probabilities, Mrs Devas lacked testamentary capacity at the time of executing the disputed will. The circumstances surrounding its execution were highly suspicious, and the defendant failed to discharge the burden of proving knowledge and approval. The disputed will does not represent the true intentions of Mrs Devas.

Court Disposition

Disputed will pronounced invalid; 2002 will admitted to probate in solemn form; possession of Mrs Devas' flat ordered; costs awarded against defendant on indemnity basis.

Orders

  • 2002 will of Mrs Devas dated 23 July 2002 admitted to probate in solemn form.
  • Pronouncement against the force and validity of the disputed will dated 1 November 2005.