Stewart & Ors v Franks & Ors [2013] ScotCS CSOH_63 (26 April 2013)

Stewart & Ors v Franks & Ors [2013] ScotCS CSOH_63 (26 April 2013)

The court found that, although the testator exhibited some paranoid personality traits, there was insufficient evidence that he suffered from delusions of such intensity as to deprive him of testamentary capacity or that any such delusions influenced the terms of the 2005 will or its codicils. The defenders' evidence, both lay and expert, overwhelmingly supported the conclusion that the testator understood the nature and consequences of his testamentary acts. The pursuers failed to discharge the burden of proof required to reduce the will and codicils on the ground of incapacity due to delusions.

Citation
[2013] ScotCS CSOH_63
Parties
Pursuer: Garry Richmond Stewart; Pursuer: Calum Roderick Renton Stewart; Pursuer: Linden Jane Ross Stewart or Stephen; Pursuer: Leonie Elizabeth Denholm Stewart or Griffin; Defender: Clive Richard Michael Franks; Defender: Gifford William Bruce; Defender: Roano Dorian Pierotti; Defender: Fiona Dubois Hay; Defender: Toby Kennedy; Defender: Dr Harry Moseley; Defender: Professor M. Samuel Emjamel; Defender: Ms Carol Goodman
Jurisdiction
Scotland
Judgment Date
26 April 2013
Procedural Posture
Civil (testamentary Capacity / Will Challenge) / Judgment After Proof Before Answer
Outcome
action dismissed
Legal Topics
Testamentary Capacity, Reduction of Will, Delusions and Influence on Testamentary Disposition, Burden of Proof in Will Challenges
Succession Law Mental Capacity Law Testamentary Capacity Reduction of Will Delusions and Influence on Testamentary Disposition Burden of Proof in Will Challenges

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Parties

Garry Richmond Stewart

Pursuer

Calum Roderick Renton Stewart

Pursuer

Linden Jane Ross Stewart or Stephen

Pursuer

Leonie Elizabeth Denholm Stewart or Griffin

Pursuer

Clive Richard Michael Franks

Defender

Gifford William Bruce

Defender

Roano Dorian Pierotti

Defender

Fiona Dubois Hay

Defender

Toby Kennedy

Defender

Dr Harry Moseley

Defender

Professor M. Samuel Emjamel

Defender

Ms Carol Goodman

Defender

Procedural Posture

Civil (testamentary Capacity / Will Challenge) / Judgment After Proof Before Answer

Legal Issues

  1. 1 Whether the testator lacked testamentary capacity due to delusions at the time of executing the 2005 will and codicils
  2. 2 Whether any such delusions influenced the dispositions in the will and codicils so as to invalidate them

Ratio Decidendi

The court found that, although the testator exhibited some paranoid personality traits, there was insufficient evidence that he suffered from delusions of such intensity as to deprive him of testamentary capacity or that any such delusions influenced the terms of the 2005 will or its codicils. The defenders' evidence, both lay and expert, overwhelmingly supported the conclusion that the testator understood the nature and consequences of his testamentary acts. The pursuers failed to discharge the burden of proof required to reduce the will and codicils on the ground of incapacity due to delusions.

Court Disposition

action dismissed

Orders

  • The pursuers' conclusions for reduction of the 2005 will and codicils are refused.
  • No reduction of the testamentary documents is granted.