Ferneley v Napier & Ors

Ferneley v Napier & Ors

The claimant failed to discharge the burden of proof required to establish the existence and suppression of a validly executed will; the evidence did not sufficiently establish a conspiracy or the existence of such a will to the civil standard.

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
Legal Topics
Suppression of Will, Intestacy, Proof of Lost Will, Standard of Proof
Succession Probate Suppression of Will Intestacy Proof of Lost Will Standard of Proof

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 2 Amounts and remedies 3
Sign in to unlock

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
  2. 2 Whether the contents of the alleged will can be sufficiently determined for probate
  3. 3 Whether the claimant has proved her case to the required standard

Ratio Decidendi

The claimant failed to discharge the burden of proof required to establish the existence and suppression of a validly executed will; the evidence did not sufficiently establish a conspiracy or the existence of such a will to the civil standard.

Court Disposition

Claim dismissed

Orders

  • Claim to prove the 2007 will is dismissed
  • Final form of order regarding intestacy or the 2002 draft will to be debated with counsel