Carol Frances Gowing & Ors v Terence Arthur Ward & Anor
[2024] EWHC 347 (Ch)
Jane Oliver v Rodney William Oliver
9 September 2024
[2024] EWHC 2289 (Ch)
High Court
A son tried to take over his father's will after his mother died. The court said the son tricked his father into making a will that mostly benefited the son. The court instead used an earlier will that shared the father's money equally among his children.
Key Facts
- •William Oliver died on 25 May 2018, leaving behind a contested will.
- •Three wills were made: 1985, 2009, and 2015.
- •The 2015 will, primarily benefiting the eldest son Rodney, was challenged by other children.
- •Rodney did not participate in the legal proceedings.
- •The claimants argued the 2015 will was invalid due to lack of proper formality, lack of testamentary capacity, and undue influence.
- •The claimants also sought reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975.
- •Evidence suggested Rodney exerted undue influence over William, particularly after June's death.
- •Medical evidence raised concerns about William's capacity in 2015.
- •The 2009 will provided for equal distribution among William's children.
Legal Principles
Validity of a will requires compliance with section 9 of the Wills Act 1837.
Wills Act 1837, section 9
Presumption of due execution arises if a will appears regularly executed; this presumption can be rebutted only with the strongest evidence to the contrary.
Wright v Rogers (1869) LR 1 PD 678; Sherrington v Sherrington [2005] EWCA Civ 326
Testamentary capacity requires understanding the nature of the act, the extent of the property, and the claims to which effect should be given; no disorder of the mind should poison affections, avert the sense of right, or prevent exercise of natural faculties.
Banks v Goodfellow (1870) LR 5 QB 549
Burden of proving testamentary capacity lies on the propounder of the will.
Ledger v Wootton [2007] EWHC 90 (Ch)
Undue influence must be proved; no presumption of undue influence exists in testamentary dispositions.
Edwards v Edwards [2007] EWHC 1119 (Ch); Rea v Rea [2024] EWCA Civ 169
Reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 considers financial resources, needs, obligations, responsibilities, size and nature of the estate, disabilities, and other relevant matters.
Inheritance (Provision for Family and Dependants) Act 1975
Outcomes
The 2015 will was deemed invalid.
Lack of testamentary capacity and undue influence; the testator was unable to understand and appreciate the claims to which he ought to give effect, and his will was overborne by Rodney.
The 2009 will was admitted to probate.
The 2015 will being invalid, and the 2009 will being presumed valid due to its rational nature and proper execution, with no objections raised.
The Inheritance Act claims were dismissed.
The success of the probate claim rendered the Inheritance Act claims moot.