Ram & Anor v Chauhan & Anor [2017] EW Misc 12 (CC) (19 July 2017)

Ram & Anor v Chauhan & Anor [2017] EW Misc 12 (CC) (19 July 2017)

The Will dated 13 January 2012 is invalid because the deceased lacked testamentary capacity at the time of execution. The evidential burden shifted to the propounder, who failed to discharge it. The presumption of due execution was not rebutted, but the lack of capacity is determinative.

Citation
[2017] EW Misc 12 (CC)
Parties
Claimant: [Claimants: Two sons of Mrs Sibo Kaur]; Defendant: Rashpal [First Defendant]; Defendant: [Second Defendant: Executor]
Jurisdiction
England and Wales
Judgment Date
19 July 2017
Procedural Posture
Probate/will Challenge / Final Judgment After Trial
Outcome
Will of 13 January 2012 pronounced against; 1997 Will pronounced in favour; grant to Second Defendant revoked.
Legal Topics
Testamentary Capacity, Due Execution of Will, Undue Influence, Equitable Estoppel
Probate Wills and Estates Testamentary Capacity Due Execution of Will Undue Influence Equitable Estoppel

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Parties

[Claimants: Two sons of Mrs Sibo Kaur]

Claimant

Rashpal [First Defendant]

Defendant

[Second Defendant: Executor]

Defendant

Procedural Posture

Probate/will Challenge / Final Judgment After Trial

Legal Issues

  1. 1 Whether the Will dated 13 January 2012 was properly executed under the Wills Act 1837
  2. 2 Whether the deceased had testamentary capacity at the time of making the Will
  3. 3 Whether the Will was procured by undue influence

Ratio Decidendi

The Will dated 13 January 2012 is invalid because the deceased lacked testamentary capacity at the time of execution. The evidential burden shifted to the propounder, who failed to discharge it. The presumption of due execution was not rebutted, but the lack of capacity is determinative.

Court Disposition

Will of 13 January 2012 pronounced against; 1997 Will pronounced in favour; grant to Second Defendant revoked.

Orders

  • Pronouncement against the 2012 Will
  • Pronouncement in favour of the 1997 Will