Rea v Rea & ors [2024] WTLR 701
Wills & Trusts Law Reports | Summer 2024 #195Anna 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...
Rea v Rea & ors [2023] WTLR 1509
Wills & Trusts Law Reports | Winter 2023 #193The dispute concerned which will of the deceased, Anna Rea, should be admitted to probate. Her first will dated 29 May 1986 gave all of her property to such of her four children as should survive her, if more than one in equal shares absolutely, subject to them surviving her by 28 days (the 1986 will).
A more recent will dated 7 December 2015 (the 2015 will) was witnessed by the solicitor who prepared it and the deceased’s GP. It provided for the deceased’s house to be left to the claimant, on account of the care she had given the deceased, with the residue to be divided between h...