GAVIN BOAST v LINDA BALLARDI & Ors

GAVIN BOAST v LINDA BALLARDI & Ors

The deceased lacked testamentary capacity at the time of executing the 2013 will, as evidenced by medical opinions and correspondence showing delusions affecting his decisions. The 2006 will is rational, duly executed, and no evidence rebuts its validity. The 2013 will is invalid and the 2006 will is the last valid will.

Parties
Claimant: Mr Gavin Boast; Defendant: Ms Linda Ballardi; Defendant: Ms Gillian Oldfield; Defendant: Mr Colin McCrossan; Defendant: Mr Michael McCrossan; Defendant: Wayne Boast (as representative of the estate of Michael Boast, deceased); Defendant: Mr Terrance Boast; Defendant: Joshua Randall Pettit (as representative of the estate of Ms Valerie Pettit, deceased); Defendant: Mrs Tina Lyne; Defendant: Mrs Karen O’Connell
Jurisdiction
England and Wales
Judgment Date
28 June 2022
Procedural Posture
Probate / Judgment After Trial on Written Evidence
Outcome
2013 will pronounced invalid for lack of capacity; 2006 will pronounced as last valid will
Legal Topics
Testamentary Capacity, Validity of Wills, Burden of Proof in Probate, Service of Process
Succession Probate Capacity Law Testamentary Capacity Validity of Wills Burden of Proof in Probate Service of Process

Case Brief

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Parties

Mr Gavin Boast

Claimant

Ms Linda Ballardi

Defendant

Ms Gillian Oldfield

Defendant

Mr Colin McCrossan

Defendant

Mr Michael McCrossan

Defendant

Wayne Boast (as representative of the estate of Michael Boast, deceased)

Defendant

Mr Terrance Boast

Defendant

Joshua Randall Pettit (as representative of the estate of Ms Valerie Pettit, deceased)

Defendant

Mrs Tina Lyne

Defendant

Mrs Karen O’Connell

Defendant

Procedural Posture

Probate / Judgment After Trial on Written Evidence

Legal Issues

  1. 1 Whether the deceased had testamentary capacity when executing the 2013 will
  2. 2 Whether the 2013 will is valid
  3. 3 Whether the 2006 will should be pronounced as the last valid will

Ratio Decidendi

The deceased lacked testamentary capacity at the time of executing the 2013 will, as evidenced by medical opinions and correspondence showing delusions affecting his decisions. The 2006 will is rational, duly executed, and no evidence rebuts its validity. The 2013 will is invalid and the 2006 will is the last valid will.

Court Disposition

2013 will pronounced invalid for lack of capacity; 2006 will pronounced as last valid will

Orders

  • Pronouncing against the will dated 11 June 2013
  • Pronouncing for the will dated 15 March 2006