Re Hayward, Decdkunicki and Another v Hayward

JurisdictionEngland & Wales
Neutral Citation[2016] EWHC 3199 (Ch)
Year2016
CourtChancery Division
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8 cases
  • Niki Christodoulides v CP Christou LLP
    • United Kingdom
    • King's Bench Division
    • 13 June 2023
    ...(7) The Recorder failed to apply the correct legal principles and in particular failed to apply the principles as stated in Re Hayward [2017] 4 WLR 32 because he failed to analyse the legal consequences of his findings of fact; (8) In particular, in relation to the application of the relev......
  • Juliet Elizabeth Pattinson v Robert Ian Winsor
    • United Kingdom
    • Chancery Division
    • 6 November 2023
    ...or recklessly as to its truth; and (f) that the will is made only because of the fraudulent calumny.” That cites Kunicki v Hayward [2017] 4 WLR 32, at [122]. So those are the legal principles I am to apply. Discussion 16 The starting point here is that the April 2022 will is rational on it......
  • Wong, Wen-Young v (1) Grand View Private Trust Company Ltd, (2) Transglobe Private Trust Company Ltd
    • Bermuda
    • Supreme Court (Bermuda)
    • 22 June 2022
    ...over the last 15 years. His experience as an expert witness and author was summarised by the English High Court in Kunicki v Hayward [2017] 4 WLR 32 as follows (at §78): ‘Prof. Jacoby is emeritus professor of old age psychiatry at the University of Oxford. He has been a psychiatrist since ......
  • Carol Frances Gowing v Terence Arthur Ward
    • United Kingdom
    • Chancery Division
    • 26 February 2024
    ...dispositions. If the will were so vitiated, it would thus be because the testator had not acted as a free agent. See Kunicki v Hayward [2017] 4 WLR 32 at 124 In closing submissions, Mr Myers submitted with some force and in my view some justification that it was far from clear which of the......
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1 books & journal articles
  • Testamentary Capacity and Intention
    • United Kingdom
    • Wildy Simmonds & Hill Wills A Practical Guide - 2nd Edition Contents
    • 30 August 2019
    ...what he tells the testator is objectively untrue, the will is not liable to be set aside on that ground alone. In Kunicki v Hayward [2016] EWHC 3199 (Ch), the judge found that the statements complained of were not false but, even if they had been, the elements of fraudulent calumny would no......

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