Barnaby & Anor v Johnson (aka Smith)

Barnaby & Anor v Johnson (aka Smith)

The 2005 Will was rational, properly executed, and read over to Mrs Bascoe by her solicitor. There was no credible evidence of lack of testamentary capacity, undue influence, forgery, or want of knowledge and approval. The presumption of validity was not displaced by the respondent's evidence, which was found to be unreliable and unsupported by contemporaneous documents or independent witnesses.

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 / Judgment After Trial
Outcome
Claim allowed; 2005 Will propounded as valid.
Legal Topics
Testamentary Capacity, Undue Influence, Forgery, Knowledge and Approval, Will Execution
Probate Wills and Succession Testamentary Capacity Undue Influence Forgery Knowledge and Approval Will Execution

Case Brief

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Parties

Mr Bradford Barnaby

Claimant

Mr Alphonso Constantine Wynter

Claimant

Ms Patricia Johnson

Defendant

Procedural Posture

Probate / Judgment After Trial

Legal Issues

  1. 1 Whether Mrs Maudlin Bascoe had testamentary capacity when executing the 2005 Will
  2. 2 Whether the 2005 Will was procured by undue influence by Mr Barnaby
  3. 3 Whether the 2005 Will was forged

Ratio Decidendi

The 2005 Will was rational, properly executed, and read over to Mrs Bascoe by her solicitor. There was no credible evidence of lack of testamentary capacity, undue influence, forgery, or want of knowledge and approval. The presumption of validity was not displaced by the respondent's evidence, which was found to be unreliable and unsupported by contemporaneous documents or independent witnesses.

Court Disposition

Claim allowed; 2005 Will propounded as valid.

Orders

  • The 2005 Will of Mrs Maudlin Bascoe is admitted to probate as her last valid will.
  • All challenges to the validity of the 2005 Will are dismissed.