White v Philips

White v Philips

The court found that, although there was sufficient doubt to shift the evidential burden to the defendant, the defendant discharged that burden. On the balance of probabilities, Mr White had testamentary capacity when he gave instructions for and executed his will, and he knew and approved its contents. The will was rational, fair and just, and there was no sufficient evidence of a disorder of the mind influencing its terms.

Parties
Claimant: Linda Anne White; Defendant: Susan Philips
Jurisdiction
England and Wales
Judgment Date
27 February 2017
Procedural Posture
Probate/contentious Probate / Judgment After Trial
Outcome
Will propounded in solemn form; claim dismissed
Legal Topics
Testamentary Capacity, Validity of Will, Knowledge and Approval, Burden of Proof
Succession Law Probate Testamentary Capacity Validity of Will Knowledge and Approval Burden of Proof

Case Brief

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Parties

Linda Anne White

Claimant

Susan Philips

Defendant

Procedural Posture

Probate/contentious Probate / Judgment After Trial

Legal Issues

  1. 1 Whether Mr Raymond Ian White had testamentary capacity when he gave instructions for and executed his will
  2. 2 Whether the will should be propounded in solemn form

Ratio Decidendi

The court found that, although there was sufficient doubt to shift the evidential burden to the defendant, the defendant discharged that burden. On the balance of probabilities, Mr White had testamentary capacity when he gave instructions for and executed his will, and he knew and approved its contents. The will was rational, fair and just, and there was no sufficient evidence of a disorder of the mind influencing its terms.

Court Disposition

Will propounded in solemn form; claim dismissed

Orders

  • The will of Mr Raymond Ian White dated 4 June 2010 is propounded in solemn form
  • No order invalidating the will; estate to be distributed in accordance with the will