Gardiner v Tabet & Anor
On balance of probabilities, the will dated 29 May 2017 was signed by Eric Tabet in the presence of two witnesses, with testamentary capacity and knowledge and approval of its contents. The evidence of the witnesses, medical records, and expert opinions support the conclusion that the statutory requirements were met.
- Parties
- Claimant: Mary-Ann Gardiner; Defendant: Mark Tabet; Defendant: Maia Tabet
- Jurisdiction
- England and Wales
- Judgment Date
- 15 March 2021
- Procedural Posture
- Probate / Final Judgment
- Outcome
- Will upheld as valid; probate granted to claimant
- Legal Topics
- Testamentary Capacity, Due Execution of Will, Knowledge and Approval, Intestacy, Will Forgery Allegations
Case Brief
Summary, issues, holding and outcome
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Parties
Mary-Ann Gardiner
Claimant
Mark Tabet
Defendant
Maia Tabet
Defendant
Procedural Posture
Probate / Final Judgment
Legal Issues
- 1 Whether the will dated 29 May 2017 was duly executed by Eric Tabet
- 2 Whether Eric Tabet had testamentary capacity at the time of execution
- 3 Whether Eric Tabet knew and approved the contents of the will
Ratio Decidendi
On balance of probabilities, the will dated 29 May 2017 was signed by Eric Tabet in the presence of two witnesses, with testamentary capacity and knowledge and approval of its contents. The evidence of the witnesses, medical records, and expert opinions support the conclusion that the statutory requirements were met.
Court Disposition
Will upheld as valid; probate granted to claimant
Orders
- The will dated 29 May 2017 is admitted to probate.
- Mary-Ann Gardiner is entitled to the estate of Eric Tabet as sole beneficiary.
Full Case Text
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