Ferneley v Napier & Ors [2010] EWHC 3345 (Ch) (17 December 2010)

Ferneley v Napier & Ors [2010] EWHC 3345 (Ch) (17 December 2010)

The evidence does not establish, on balance of probabilities, that a validly executed will in favour of the Claimant was found and suppressed by the Defendants; therefore, probate cannot be granted and intestacy applies.

Citation
[2010] EWHC 3345 (Ch)
Parties
Claimant: Rowena Ferneley; Defendant: Stephen John Napier; Defendant: Catherine Emma Brooks; Defendant: Derrick Arthur Napier
Jurisdiction
England and Wales
Judgment Date
17 December 2010
Procedural Posture
Probate Action / Judgment
Outcome
Claim dismissed; intestacy applies.
Legal Topics
Suppression of Will, Intestacy, Validity of Will, Admissibility of Evidence
Probate Wills and Estates Suppression of Will Intestacy Validity of Will Admissibility of Evidence

Case Brief

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Parties

Rowena Ferneley

Claimant

Stephen John Napier

Defendant

Catherine Emma Brooks

Defendant

Derrick Arthur Napier

Defendant

Procedural Posture

Probate Action / Judgment

Legal Issues

  1. 1 Whether the Defendants suppressed a validly executed will of Charles Napier
  2. 2 Whether probate should be granted of a will whose contents can be determined but no copy exists
  3. 3 Whether intestacy applies if no valid will is found

Ratio Decidendi

The evidence does not establish, on balance of probabilities, that a validly executed will in favour of the Claimant was found and suppressed by the Defendants; therefore, probate cannot be granted and intestacy applies.

Court Disposition

Claim dismissed; intestacy applies.

Orders

  • No probate granted of alleged will.
  • Estate to be administered as on intestacy.