Carol Frances Gowing & Ors v Terence Arthur Ward & Anor
[2024] EWHC 347 (Ch)
Henrietta Ingram & Anor v Simon Timothy Abraham & Anor
13 July 2023
[2023] EWHC 1982 (Ch)
High Court
A mom's will left everything to her brother, who drafted it. The kids challenged it, showing she always intended for them to inherit. The court believed the kids and said the brother's will was invalid because the mom didn't understand what she was signing. So, the older will, which gave the money to the kids, will be used instead.
Key Facts
- •Joanne Abraham died on February 2, 2021, leaving two adult children and two brothers.
- •She executed a will in 2008 (the 2008 Will) leaving her estate equally to her two children.
- •In 2019, a new will (the 2019 Will) was drafted by the First Defendant, Simon, leaving the residuary estate to him.
- •The Claimants, Joanne's children, challenged the 2019 Will, initially on grounds of capacity, later solely on grounds of lack of knowledge and approval.
- •The residuary estate is worth approximately £389,000.
- •Joanne had made substantial lifetime gifts to her children (£90,000 to Henrietta, and approximately £12,000 to Tom).
- •The 2019 Will contained misspelt names and unusual initials, raising concerns about its authenticity.
- •Significant evidence, including WhatsApp messages and recorded conversations, supported Joanne's intention to leave her estate to her children.
Legal Principles
The sole question is whether the deceased knew and approved the content of the 2019 Will.
Gill v Woodall [2011] Ch 280
Proper execution of a will raises a strong presumption of knowledge and approval, but this presumption is rebuttable.
Gill v Woodall [2011] Ch 380
The court should consider all relevant evidence and draw inferences from the totality of the material to determine knowledge and approval.
Gill v Woodall [2011] Ch 380
The court's task is to ascertain the last true will of a free and capable testator, focusing on the process of its production.
Wharton v Bancroft [2011] EWHC 3250 (Ch)
The burden of proof rests on those propounding the will to establish knowledge and approval.
Various authorities cited in section 263.4
Circumstances arousing suspicion include the beneficiary preparing the will, lack of legal advice, radical departure from previous instructions, and the testator's feebleness of body or mind.
WSM paragraph 10-36
Outcomes
The 2019 Will was refused probate.
The court found that Joanne did not understand the effect of the 2019 Will, believing Simon would distribute the estate according to her wishes for her children, rather than inheriting it himself. The court found several suspicious circumstances surrounding the will's creation and execution, including Simon's involvement, lack of solicitor involvement, misspellings, unusual initials, and inconsistencies in the evidence.
The 2008 Will was admitted to probate.
This decision reflects the court's finding that Joanne's consistent and long-held intention was to leave her estate to her children.