Tociapski v Tociapski

Tociapski v Tociapski

The deceased did not know and approve the contents of the 2009 will due to impaired capacity and circumstances arousing suspicion; the transfer of Hillcrest Cottage was procured by undue influence and should be set aside.

Parties
Claimant: Tociapski; Defendant: Tociapski
Jurisdiction
England and Wales
Judgment Date
20 March 2013
Procedural Posture
Probate/inheritance Dispute / Judgment
Outcome
Claim allowed; 2009 will set aside; transfer of Hillcrest Cottage set aside.
Legal Topics
Validity of Will, Undue Influence, Non Est Factum, Testamentary Capacity, Inter Vivos Transfer
Probate Succession Equity Validity of Will Undue Influence Non Est Factum Testamentary Capacity Inter Vivos Transfer

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Parties

Tociapski

Claimant

Tociapski

Defendant

Procedural Posture

Probate/inheritance Dispute / Judgment

Legal Issues

  1. 1 Whether the 2009 will is valid and represents the deceased's testamentary intentions
  2. 2 Whether the transfer of Hillcrest Cottage to the Defendant should be set aside for undue influence or lack of capacity

Ratio Decidendi

The deceased did not know and approve the contents of the 2009 will due to impaired capacity and circumstances arousing suspicion; the transfer of Hillcrest Cottage was procured by undue influence and should be set aside.

Court Disposition

Claim allowed; 2009 will set aside; transfer of Hillcrest Cottage set aside.

Orders

  • Declaration that the 2009 will is invalid
  • Revocation of grant of probate dated 27th May 2010