Sharp & Anor v Adam & Ors

Sharp & Anor v Adam & Ors

The Court of Appeal upheld the deputy judge's finding that, although Mr Adam understood the nature and effect of making a will and the extent of his property, he lacked the capacity to arrive at a rational judgment taking into account all the circumstances. The exclusion of his daughters, for which there was no rational explanation, indicated a probable perversion of natural affection due to mental disorder. The expert evidence as to the severity of his cognitive impairment, combined with the irrational disposition, outweighed the evidence of those present at the execution. The 2001 will was invalid for lack of testamentary capacity.

Parties
Appellant: Robin Sharp; Appellant: Malcolm Bryson; Respondent: Grace Collin Adam; Respondent: Emma Adam
Jurisdiction
England and Wales
Judgment Date
28 April 2006
Procedural Posture
Probate/will Dispute / Appeal From Chancery Division to Court of Appeal
Outcome
Appeal dismissed; 2001 will declared invalid for lack of testamentary capacity; 1997 will stands as valid will.
Legal Topics
Testamentary Capacity, Validity of Will, Burden of Proof, Medical Evidence in Probate, Banks V Goodfellow Test
Succession Law Probate Testamentary Capacity Validity of Will Burden of Proof Medical Evidence in Probate Banks V Goodfellow Test

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Parties

Robin Sharp

Appellant

Malcolm Bryson

Appellant

Grace Collin Adam

Respondent

Emma Adam

Respondent

Procedural Posture

Probate/will Dispute / Appeal From Chancery Division to Court of Appeal

Legal Issues

  1. 1 Whether Mr Neil Marshall Adam had testamentary capacity when executing his will dated 1 June 2001
  2. 2 Whether the 2001 will should be upheld or the 1997 will should stand as the valid will

Ratio Decidendi

The Court of Appeal upheld the deputy judge's finding that, although Mr Adam understood the nature and effect of making a will and the extent of his property, he lacked the capacity to arrive at a rational judgment taking into account all the circumstances. The exclusion of his daughters, for which there was no rational explanation, indicated a probable perversion of natural affection due to mental disorder. The expert evidence as to the severity of his cognitive impairment, combined with the irrational disposition, outweighed the evidence of those present at the execution. The 2001 will was invalid for lack of testamentary capacity.

Court Disposition

Appeal dismissed; 2001 will declared invalid for lack of testamentary capacity; 1997 will stands as valid will.

Orders

  • Pronouncement against the will executed on 1 June 2001
  • Probate granted in respect of the 1997 will