Varsha Gohil v Kamla Gohil
[2024] EWHC 213 (Ch)
Andreas Ieropoullos v Stella Wilson
9 November 2023
[2023] EWHC 2814 (Ch)
High Court
A son challenged his mother's will and a trust, saying she wasn't mentally capable and was pressured by his sister. A judge reviewed the evidence, including doctor's notes and witness statements, and decided the mother was fine, she wasn't pressured, and the will and trust are legally valid. The son's challenge failed.
Key Facts
- •Niki Ieropoullos died on 26 January 2021.
- •A dispute arose between her son, Andreas, and daughter, Stella, concerning Niki's 2003 Will and a 1995 Will.
- •Probate for the 2003 Will was granted around 19 October 2023.
- •Andreas challenged the validity of both Wills and a 2011 Trust Deed, alleging lack of capacity, lack of knowledge and approval, undue influence, and fraudulent calumny.
- •The 2003 Will left one quarter of the estate to Niki's sister and three quarters to Stella.
- •The 2011 Trust Deed transferred Niki's property into a trust with Stella and her husband as trustees.
- •A single joint expert report from Dr. Hugh Series addressed Niki's capacity at the relevant times.
- •The court heard evidence from numerous witnesses, including the solicitors who drafted the Will and Trust Deed.
Legal Principles
Test for testamentary capacity (Banks v Goodfellow)
Banks v Goodfellow (1870) LR 5 QB 549
Principles for assessing capacity in relation to lifetime settlements
Lewin on Trusts
Test for knowledge and approval of a will (Gill v Woodall)
Gill v Woodall [2010] EWCA Civ 1430
Three certainties required for a valid trust (Knight v Knight)
Knight v Knight [1840] 49 ER 58
Modern law of undue influence (Re Edwards)
Re Edwards [2007] EWHC 1119 (Ch)
Undue influence - actual and presumed (Royal Bank of Scotland Plc v Etridge)
Royal Bank of Scotland Plc v Etridge (No.2) [2002] 2 AC 773 HL
Elements of fraudulent calumny
Re Edwards [2007] EWHC 1119 (Ch)
Burden of proof in civil proceedings
Barry v Butlin
Outcomes
The 2003 Will is valid.
The court found Niki had testamentary capacity, knew and approved of the Will's contents, and was not subject to undue influence or fraudulent calumny.
The 2011 Trust Deed is valid.
The court found Niki had capacity, the trust satisfied the three certainties, and there was no undue influence.
The claim is dismissed.
The validity of the 2003 Will renders consideration of the 1995 Will unnecessary.