Myranna Boult v Monica Rees

Myranna Boult v Monica Rees

The 2013 Will was rational on its face and the medical evidence at the time of execution showed only mild cognitive impairment, insufficient to displace the presumption of capacity. The evidence did not raise a real doubt as to Tilly Clarke's capacity, and even if it had, the balance of probabilities supported that she had capacity to make the 2013 Will.

Parties
Claimant: Myranna Boult; Defendant: Monica Rees
Jurisdiction
England and Wales
Judgment Date
26 January 2023
Procedural Posture
Probate / Judgment After Trial
Outcome
Judgment for the Defendant; 2013 Will pronounced in solemn form
Legal Topics
Testamentary Capacity, Validity of Will, Burden of Proof
Succession Law Probate Testamentary Capacity Validity of Will Burden of Proof

Case Brief

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Parties

Myranna Boult

Claimant

Monica Rees

Defendant

Procedural Posture

Probate / Judgment After Trial

Legal Issues

  1. 1 Whether Tilly Clarke had testamentary capacity to make the 2013 Will
  2. 2 Whether the 2013 Will is valid or Tilly died intestate

Ratio Decidendi

The 2013 Will was rational on its face and the medical evidence at the time of execution showed only mild cognitive impairment, insufficient to displace the presumption of capacity. The evidence did not raise a real doubt as to Tilly Clarke's capacity, and even if it had, the balance of probabilities supported that she had capacity to make the 2013 Will.

Court Disposition

Judgment for the Defendant; 2013 Will pronounced in solemn form

Orders

  • The 2013 Will of Tilly Clarke is valid and to be admitted to probate.
  • Application to re-open the trial to adduce new evidence refused.