Hinton & Anor v Leigh & Anor [2009] EWHC 2658 (Ch) (26 October 2009)

Hinton & Anor v Leigh & Anor [2009] EWHC 2658 (Ch) (26 October 2009)

The court found that Victor Stanley Reeve did not have testamentary capacity at the time of the revocation, did not know and approve the contents of the revocation, and that the revocation was not valid. The claimants discharged their burden to show the revocation was invalid, and the defendants failed to prove capacity or knowledge and approval.

Citation
[2009] EWHC 2658 (Ch)
Parties
Claimant: Bernard Hinton; Claimant: Patricia Hayes; Defendant: Susanna Leigh; Defendant: Simon Reeve
Jurisdiction
England and Wales
Judgment Date
26 October 2009
Procedural Posture
Probate Dispute / High Court Trial Judgment
Outcome
Revocation of will declared invalid; probate granted in solemn form to the claimants as executors of the 2006 will.
Legal Topics
Testamentary Capacity, Undue Influence, Revocation of Will, Knowledge and Approval, Fraud in Probate
Wills and Probate Equity Testamentary Capacity Undue Influence Revocation of Will Knowledge and Approval Fraud in Probate

Case Brief

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Parties

Bernard Hinton

Claimant

Patricia Hayes

Claimant

Susanna Leigh

Defendant

Simon Reeve

Defendant

Procedural Posture

Probate Dispute / High Court Trial Judgment

Legal Issues

  1. 1 Whether Victor Stanley Reeve had testamentary capacity to revoke his will on 24 April 2007
  2. 2 Whether Victor knew and approved the contents of the revocation document
  3. 3 Whether the revocation was procured by undue influence or fraud by Susanna Leigh

Ratio Decidendi

The court found that Victor Stanley Reeve did not have testamentary capacity at the time of the revocation, did not know and approve the contents of the revocation, and that the revocation was not valid. The claimants discharged their burden to show the revocation was invalid, and the defendants failed to prove capacity or knowledge and approval.

Court Disposition

Revocation of will declared invalid; probate granted in solemn form to the claimants as executors of the 2006 will.

Orders

  • Probate of the 2006 will to be granted to Bernard Hinton and the solicitors as executors.
  • Revocation document of 24 April 2007 declared invalid.