Said Laaser appeal allowed over disputed will

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Said Laaser’s appeal over testamentary capacity was allowed by the Court of Appeal on 2 March 2016. The court ordered a complete retrial of his challenge to Brian Earls’s July 2013 will.

The appeal followed the High Court’s refusal of Laaser’s application by Kearns P on 30 June 2015. Mr Justice Hogan held that the executors had not produced the affirmative medical evidence required in the circumstances to establish testamentary capacity. However, Laaser’s failure actively to pursue testamentary capacity in cross-examination may have led the executors to believe the issue was no longer in dispute or that they were relieved of the obligation to call medical evidence. Mr Justice Hogan therefore considered a complete retrial the fairest course.