Rothley Law

‘Fraud’ occurs when deception, misrepresentation, or dishonesty is deliberately used for personal gain or damage to another individual. Examples of fraud in the context of wills include: impersonation of the testator by a fraudster to execute the will misleading the testator to sign a will when they believe the document to be another document the destruction of the testator’s will …

Fraudulent calumny occurs where a beneficiary makes false representations to the person making their will about another person, the outcome of which is that the beneficiary making the representation inherits to a greater extent or the person whom the representations were about inherits to a lesser extent. Fraudulent calumny’ occurs when a beneficiary of a will makes a false representation (or a …

Undue influence in the context of making a will occurs where the person making their will is unable to act of their own free will and volition due to the involvement of another in the process, usually a beneficiary. The term has long been established in case law as overpowering a person’s wishes and coercion.  In Edwards v Edwards [2007 …

The Testator should know and approve of the contents of the will, in other words have complete understanding of the will.  This is presumed unless put into doubt. The approach is set out in the leading case of Fuller v. Strum [2002] which outlines that where the Deceased’s knowledge and approval are put in issue by a person seeking to …

The test of testamentary capacity is set out in the case of Banks v. Goodfellow (1870): “It is essential…that a Testator shall understand the nature of the Act and its effects, shall understand the extent of the property which he is disposing, shall be able to comprehend and appreciate the claims to which it ought to give effect, and, with …

A will must be executed in accordance with strict formalities set out by Section 9 of the Wills Act 1837 which provides that no will is valid unless: It is in writing, and signed by the testator, or by some other person in his presence and by his direction. It appears that the testator intended by his signature to give …

Summary The Claimant was unsuccessful in two claims; A claim that the will was invalid as a result of the deceased not having testamentary capacity A proprietary estoppel claim Costs in Contentious Probate Proceedings The general rule (subject to the discretion of the court) is the same as in all litigation – costs follow the event (CPR 44.2). The successful …