Sharp & Anor v Adam & Ors [2006] EWCA Civ 449 (28 April 2006)

Sharp & Anor v Adam & Ors [2006] EWCA Civ 449 (28 April 2006)

The Court upheld the deputy judge's finding that, although Mr Adam understood the act of making a will and its effects, and the extent of his property, he lacked the capacity to arrive at a rational judgment taking into account all the circumstances. The absence of any rational explanation for excluding his daughters, the severity of his cognitive impairment, and inconsistencies in his instructions indicated that his natural affections or sense of right were likely perverted by mental disorder. Therefore, the 2001 will was invalid for lack of testamentary capacity.

Citation
[2006] EWCA Civ 449
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
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed; 2001 will declared invalid; 1997 will stands.
Legal Topics
Testamentary Capacity, Validity of Will, Mental Capacity, Banks V Goodfellow Test
Probate Wills and Succession Testamentary Capacity Validity of Will Mental Capacity Banks V Goodfellow Test

Case Brief

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Parties

Robin Sharp

Appellant

Malcolm Bryson

Appellant

Grace Collin Adam

Respondent

Emma Adam

Respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether Mr Neil Marshall Adam had testamentary capacity when executing his will on 1 June 2001
  2. 2 Whether the 2001 will is valid or the 1997 will prevails

Ratio Decidendi

The Court upheld the deputy judge's finding that, although Mr Adam understood the act of making a will and its effects, and the extent of his property, he lacked the capacity to arrive at a rational judgment taking into account all the circumstances. The absence of any rational explanation for excluding his daughters, the severity of his cognitive impairment, and inconsistencies in his instructions indicated that his natural affections or sense of right were likely perverted by mental disorder. Therefore, the 2001 will was invalid for lack of testamentary capacity.

Court Disposition

Appeal dismissed; 2001 will declared invalid; 1997 will stands.

Orders

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