McClintock & Anor v Calderwood

McClintock & Anor v Calderwood

Dr McClintock had testamentary capacity and knew and approved the contents of both Wills at the time of execution; the Second Will, being his last Will, is to be admitted to probate in solemn form and the probate of the First Will revoked.

Parties
Claimant: Eric McClintock; Defendant: Vivien Sandra Calderwood
Jurisdiction
England and Wales
Judgment Date
26 April 2005
Procedural Posture
Probate / Judgment
Outcome
Second Will admitted to probate in solemn form; probate of First Will revoked.
Legal Topics
Testamentary Capacity, Knowledge and Approval, Revocation of Probate, Admission to Probate
Succession Probate Testamentary Capacity Knowledge and Approval Revocation of Probate Admission to Probate

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Parties

Eric McClintock

Claimant

Vivien Sandra Calderwood

Defendant

Procedural Posture

Probate / Judgment

Legal Issues

  1. 1 Whether Dr Joseph McClintock had testamentary capacity when making the First and Second Wills
  2. 2 Whether Dr Joseph McClintock knew and approved the contents of the Wills
  3. 3 Whether the grant of probate of the First Will should be revoked

Ratio Decidendi

Dr McClintock had testamentary capacity and knew and approved the contents of both Wills at the time of execution; the Second Will, being his last Will, is to be admitted to probate in solemn form and the probate of the First Will revoked.

Court Disposition

Second Will admitted to probate in solemn form; probate of First Will revoked.

Orders

  • Second Will to be admitted to probate in solemn form
  • Probate in respect of First Will revoked