Viva! Campaigns Ltd & Anor v Scott [2013] EWHC 3639 (Ch) (21 November 2013)

Viva! Campaigns Ltd & Anor v Scott [2013] EWHC 3639 (Ch) (21 November 2013)

The court found that John McKeen had testamentary capacity when making the will, based on the preferred expert evidence and reliable professional witnesses. The will was held valid. Costs were ordered against the defendant, with standard basis up to 27.8.13 and indemnity basis with interest at 10.5% from 28.8.13, subject to specified exceptions, reflecting the defendant's conduct and the offers made by the claimants.

Citation
[2013] EWHC 3639 (Ch)
Parties
Claimant: VIVA! Campaigns Limited; Claimant: The Vegetarian Society of the United Kingdom Limited; Defendant: Mrs Jennifer Mariegold Scott
Jurisdiction
England and Wales
Judgment Date
21 November 2013
Procedural Posture
Probate Will Challenge / Post Trial Judgment and Costs Determination
Outcome
Will held valid; costs awarded to claimants with specified exceptions; payment on account ordered.
Legal Topics
Testamentary Capacity, Costs Orders, Will Validity, Expert Evidence, Settlement Offers
Probate Civil Procedure Testamentary Capacity Costs Orders Will Validity Expert Evidence Settlement Offers

Case Brief

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Parties

VIVA! Campaigns Limited

Claimant

The Vegetarian Society of the United Kingdom Limited

Claimant

Mrs Jennifer Mariegold Scott

Defendant

Procedural Posture

Probate Will Challenge / Post Trial Judgment and Costs Determination

Legal Issues

  1. 1 Whether the deceased, John McKeen, had testamentary capacity at the time of making his will(s)
  2. 2 Whether the will is valid
  3. 3 How costs should be apportioned given the conduct of the parties and offers made

Ratio Decidendi

The court found that John McKeen had testamentary capacity when making the will, based on the preferred expert evidence and reliable professional witnesses. The will was held valid. Costs were ordered against the defendant, with standard basis up to 27.8.13 and indemnity basis with interest at 10.5% from 28.8.13, subject to specified exceptions, reflecting the defendant's conduct and the offers made by the claimants.

Court Disposition

Will held valid; costs awarded to claimants with specified exceptions; payment on account ordered.

Orders

  • Defendant to pay claimants' costs on standard basis up to 27.8.13 and on indemnity basis with 10.5% interest from 28.8.13, except for specified items.
  • Claimants to pay £1,500 towards defendant's costs of application to adduce third supplemental report of Professor Jacoby.