The Honourable Mr Justice Henderson:
Introduction
1.
This is a probate action concerning the late Branislav Kostic who died on 24 October
2005, three days after his eightieth birthday, leaving a net estate before inheritance tax
worth in excess of £8.2 million. Mr Kostic was generally known to his family and
friends as Bane Kostic, “Bane” being pronounced, approximately, “Barnay”, and
sometimes spelt with an acute accent on the “e”. I will refer to him in this judgment
by that name.
2.
By a will dated 13 July 1989 which, if it is valid, was his last will (“the 1989 Will”),
Bane left his entire estate to the Conservative Party Association (“the CPA”),
expressing the hope that it would establish a cultural institution in London named
after his late father Milan Kostic to maintain and promote what he termed the
Christian Democratic values of love, truth and freedom, and to carry out certain other
specified purposes.
3.
By an earlier will dated 16 June 1988 (“the 1988 Will”) Bane had left his entire estate
to the CPA “for the general purposes of that association”.
4.
The main issue that I have to decide in this case is whether Bane had testamentary
capacity to make the 1988 and 1989 Wills, it being common ground that from the
mid-1980s until the end of his life he suffered from a serious and untreated mental
illness which took the form of a delusional disorder. In particular, he believed that
there was an international conspiracy of dark forces against him in which, at least, his
wife, mother and sister were implicated. The central question is whether Bane’s
delusions affected the dispositions of his estate in the 1989 Will, or (if it is invalid)
the 1988 Will. Subject to proof of due execution, there is no challenge to the validity
of either the 1988 or the 1989 Will on any ground apart from lack of testamentary
capacity, although if the 1989 Will is valid various further questions of construction
arise which I have not been asked to resolve at this stage.
5.
Apart from the 1988 and 1989 Wills, Bane had made earlier wills on 11 November
1971 (“the 1971 Will”) and 13 August 1974 (“the 1974 Will”), and a codicil to the
1974 Will dated 14 July 1984 (“the 1984 Codicil”). In the events which have
happened, the sole beneficiary on Bane’s death under each of these earlier
testamentary dispositions would be his son (and only child) Zoran Kostic (“Zoran”),
who was born on 9 July 1957. It is undisputed that Bane had full testamentary
capacity at the dates of the 1971 and 1974 Wills. The question whether he had
capacity to make the 1984 Codicil is in issue, but nothing turns on it because if the
1988 and 1989 Wills are invalid Zoran takes the entire estate whether or not the 1984
Codicil is also invalid.
6.
The present action was begun by a claim form issued on 14 June 2006. The claimant
is Zoran. The defendants, Sir Malcolm Chaplin and Mr Martin Saunders, are
respectively the Chairman and Secretary of the CPA, which is an unincorporated
association. They are sued both in their own right, as members of the CPA, and as
representatives of all the other members of the CPA. It is agreed that a representation
order should be made by the court so that all the members of the CPA will be bound
by the outcome of the action. The principal relief sought in the claim form is that the