Gowing & ors v Ward & anr [2024] WTLR 901

Wills & Trusts Law Reports | Autumn 2024 #196

The deceased died in 2020 at the age of 91. He had three children, one of whom had predeceased him in 2015. The defendants were the deceased’s surviving children, the personal representatives of the deceased’s estate, and the equal beneficiaries of the residuary estate pursuant to a will made in 2018. The claimants were the granddaughters of the deceased (the children of his predeceased son). A family rift opened in 2015 following the death of the deceased’s son. The claimants contended that:

  1. (a) the deceased lacked testamentary capacity;
  2. (b) he did not know and app...

Rea v Rea & ors [2024] WTLR 701

Wills & Trusts Law Reports | Summer 2024 #195

Anna Rea had made wills dated 29 May 1986 (the 1986 will) and 7 December 2015 (the 2015 will).

At first instance, Anna’s daughter (the appellant) claimed to propound the 2015 will in solemn form. Her brothers (the respondents) counterclaimed to set aside the 2015 will, alleging lack of testamentary capacity, want of knowledge and approval, undue influence, and fraudulent calumny. They sought to propound the 1986 will.

The claim had previously been tried and then appealed, ultimately to the Court of Appeal, where a retrial was ordered.

On the retrial, HHJ Hodge KC fou...