Victoria Elizabeth Copley v Daniel Brent Winter
[2023] EWHC 1712 (Ch)
Catherine Jones & Ors. v Ceri Jones
16 June 2023
[2023] EWHC 1457 (Ch)
High Court
A daughter tried to get all her mother's belongings in a will. The judge said the daughter tricked her sick and confused mother, so the will is no good. Everything will be split fairly between the other family members instead.
Key Facts
- •Daphne Jones (Mrs. Jones) signed a will on July 4, 2021, leaving her entire estate to her daughter Ceri Jones.
- •Mrs. Jones signed a Lasting Power of Attorney (LPA) the same day, appointing Ceri Jones and a neighbor as attorneys.
- •Mrs. Jones died on September 16, 2021.
- •A caveat was filed against the will, and other daughters and grandchildren challenged its validity.
- •The challenge was based on lack of testamentary capacity, lack of knowledge and approval, and undue influence by Ceri Jones.
- •Mrs. Jones had a diagnosis of early mixed dementia.
- •Ceri Jones moved in with her mother and stayed until her death.
- •There was evidence of increasing isolation of Mrs. Jones from other family members.
- •There was evidence of Ceri Jones making untrue statements to Mrs. Jones and others.
- •A medical doctor provided a letter stating Mrs. Jones had capacity to make a will, but this was challenged as insufficient.
Legal Principles
Testamentary capacity requires understanding the nature of the act, the extent of property disposed of, and the claims to which one ought to give effect; and no disorder of the mind should poison affections, pervert sense of right, or prevent the exercise of natural faculties.
Banks v Goodfellow (1870) LR 5 QB 549
The test in Banks v Goodfellow remains the appropriate test for testamentary capacity, despite the Mental Capacity Act 2005.
James v James [2018] EWHC 43 (Ch); Clitheroe v Bond [2021] EWHC 1102 (Ch)
Capacity depends on the potential to understand, not simply memory.
Symon v Byford [2012] EWCA Civ 280
The 'golden rule' advises solicitors to obtain a medical assessment of testator capacity when preparing wills for aged or seriously ill individuals.
Key v Key [2010] 1 WLR 2020
To prove undue influence, the facts must be inconsistent with any other hypothesis.
Schrader v Schrader [2013] EWHC 466 (Ch); Edwards v Edwards [2007] EWHC 1119 (Ch)
In testamentary dispositions, there is no presumption of undue influence; it must be proven.
Schrader v Schrader [2013] EWHC 466 (Ch)
To establish knowledge and approval of a will's contents, the court considers whether the testator understood the will's contents and effects.
Gill v Woodall [2010] EWCA Civ 1430
Occupation rent is generally not payable between beneficiaries unless there's conduct justifying it.
Ali v Khatib [2022] EWCA Civ 481
Outcomes
The will was deemed invalid due to undue influence.
The court found that Ceri Jones' actions, including isolating her mother, making false statements, and exploiting her vulnerability, amounted to undue influence.
Mrs. Jones' estate will be distributed according to intestacy rules.
The invalidity of the will means the estate will be distributed according to the laws of intestacy.
No order was made regarding occupation rent for Ceri Jones' use of the house.
Insufficient evidence was presented regarding occupation rent.