Barnaby & Anor v Johnson (aka Smith) [2019] EWHC 3344 (Ch) (09 December 2019)

Barnaby & Anor v Johnson (aka Smith) [2019] EWHC 3344 (Ch) (09 December 2019)

The 2005 Will was rational, properly executed, and attested; medical records and credible witness evidence established Mrs Bascoe had testamentary capacity in 2005; no evidence of undue influence, forgery, or lack of knowledge and approval was provided; presumption of validity stands and is not displaced.

Source-derived case information.

Citation
[2019] EWHC 3344 (Ch)
Parties
Claimant: Mr Bradford Barnaby; Claimant: Mr Alphonso Constantine Wynter; Defendant: Ms Patricia Johnson
Jurisdiction
England and Wales
Judgment Date
09 December 2019
Procedural Posture
Probate Claim / Final Judgment
Outcome
Claim allowed; 2005 Will propounded as valid.
Legal Topics
Testamentary Capacity, Undue Influence, Forgery, Knowledge and Approval, Will Validity
Probate Trusts Property Testamentary Capacity Undue Influence Forgery Knowledge and Approval Will Validity

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Parties

Mr Bradford Barnaby

Claimant

Mr Alphonso Constantine Wynter

Claimant

Ms Patricia Johnson

Defendant

Procedural Posture

Probate Claim / Final Judgment

Legal Issues

  1. 1 Whether Mrs Bascoe had testamentary capacity when executing the 2005 Will
  2. 2 Whether the 2005 Will was procured by undue influence
  3. 3 Whether Mrs Bascoe's signature on the 2005 Will was forged

Ratio Decidendi

The 2005 Will was rational, properly executed, and attested; medical records and credible witness evidence established Mrs Bascoe had testamentary capacity in 2005; no evidence of undue influence, forgery, or lack of knowledge and approval was provided; presumption of validity stands and is not displaced.

Court Disposition

Claim allowed; 2005 Will propounded as valid.

Orders

  • 2005 Will admitted to probate
  • Costs to be determined as per usual probate practice