17 February 2017
Re Hayward (deceased) Kunicki and another v Hayward [2016] EWHC 3199 (Ch), [2016] All ER (D) 126 (Dec)
The Chancery Division held that, in a dispute concerning two wills (the 2008 will and the 2013 will), the 2013 will was valid. It held that the deceased had had capacity when he had signed the 2013 will and that he had known and had approved its contents. The court dismissed the defendant’s amended counterclaim for specific performance of an alleged contract, whereby the second claimant, his sister, had allegedly contracted to share the deceased’s estate equally with him. It held that, on the facts, the alleged agreement was not an enforceable contract.
