Jane Oliver v Rodney William Oliver
[2024] EWHC 2289 (Ch)
Victoria Elizabeth Copley v Daniel Brent Winter
6 July 2023
[2023] EWHC 1712 (Ch)
High Court
A fight over a will! Grandma's will left land to her granddaughter, but her friend said she wasn't mentally capable of making that decision or that she was pressured. A judge listened to everyone and decided Grandma knew what she was doing, so the granddaughter got the land.
Key Facts
- •Elaine Doris Lodge died on 22 February 2019, leaving a will that was disputed.
- •The 2019 Will left the Church Lane land to the Claimant, Victoria Copley, with a wish that she offer it to the Defendant, Daniel Winter, at market value if she sold.
- •The 2017 Will left the Church Lane land to the Defendant.
- •The Defendant challenged the validity of the 2019 Will on the grounds of lack of testamentary capacity, lack of knowledge and approval, and undue influence by the Claimant.
- •The Claimant was Elaine's granddaughter and worked at the care home where Elaine spent her final days.
- •The Defendant was a close friend of Elaine and lived next to the disputed land.
- •Elaine suffered from a terminal illness and experienced episodes of vacancy and confusion in the months leading up to her death.
- •The Claimant's mother, Tina Rowley, also worked at the care home.
Legal Principles
Testamentary capacity requires the testator to understand the nature of the act and its effects; understand the extent of their property; comprehend and appreciate the claims to which they ought to give effect; and that no disorder of the mind poisons their affections, perverts their sense of right, or prevents the exercise of their natural faculties.
Banks v Goodfellow (1869-70) LR 5 QB 549
The burden of proof for testamentary capacity starts with the will's propounder but shifts if the will is duly executed and appears rational.
Key v Key [2013] EWHC 408 (Ch)
The 'Golden Rule' is a rule of solicitors' good practice, not law, recommending medical assessment of an aged or seriously ill testator's capacity.
Hughes v Pritchard [2022] EWCA Civ 386
In testamentary dispositions, there's no presumption of undue influence; proof requires facts inconsistent with any other hypothesis.
Edwards v Edwards [2007] WTLR 1387
Undue influence often lacks direct evidence; proof relies on stronger circumstantial evidence.
Schrader v Schrader [2013] EWHC 466 (Ch)
Outcomes
The 2019 Will is valid.
The court found that Elaine had testamentary capacity and was not unduly influenced by the Claimant. While there were concerns about some witness testimony and the solicitor's note-taking, the evidence did not support the Defendant's claims. The court found the evidence pointing to the administration of Oramorph on the day of signing the will unconvincing, and the evidence regarding undue influence finely balanced but ultimately insufficient to overturn the will.