Boult v Rees (Re Estate of Tilly Clarke) [2023] EWHC 147 (Ch) (26 January 2023)

Boult v Rees (Re Estate of Tilly Clarke) [2023] EWHC 147 (Ch) (26 January 2023)

On the balance of probabilities, Tilly Clarke had sufficient testamentary capacity when executing the 2013 Will. The will was rational, the estate and claims were simple, and contemporaneous medical evidence indicated only mild cognitive impairment at the relevant time. No sufficient doubt was raised to displace the presumption of capacity, and even if the burden shifted, the evidence supports capacity.

Citation
[2023] EWHC 147 (Ch)
Parties
Claimant: Myranna Boult; Defendant: Monica Rees
Jurisdiction
England and Wales
Judgment Date
26 January 2023
Procedural Posture
Probate Dispute / High Court Trial Judgment
Outcome
Claim dismissed; 2013 Will upheld.
Legal Topics
Testamentary Capacity, Validity of Will, Burden of Proof, Banks V Goodfellow Test
Wills and Probate Mental Capacity Testamentary Capacity Validity of Will Burden of Proof Banks V Goodfellow Test

Case Brief

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Parties

Myranna Boult

Claimant

Monica Rees

Defendant

Procedural Posture

Probate Dispute / High Court Trial Judgment

Legal Issues

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

Ratio Decidendi

On the balance of probabilities, Tilly Clarke had sufficient testamentary capacity when executing the 2013 Will. The will was rational, the estate and claims were simple, and contemporaneous medical evidence indicated only mild cognitive impairment at the relevant time. No sufficient doubt was raised to displace the presumption of capacity, and even if the burden shifted, the evidence supports capacity.

Court Disposition

Claim dismissed; 2013 Will upheld.

Orders

  • Pronouncement for the 2013 Will in solemn form.
  • Application to adduce new evidence refused.