In the main action, the claimant sought to prove a purported will dated 2014. The second and fourth defendants challenged the validity of the will on the grounds first of lack of knowledge and approval and secondly, by a late amendment, of undue influence. That amendment required a substantial amount of further evidence to be filed. In a judgment following trial ([2022] EWHC 159 (Ch), available in the WTLR web reports as WTLR(w) 2022-08) the judge found the 2014 will to be invalid for want of knowledge and approval, but dismissed the claim that it was procured by undue influence. The jud...
Continue reading "Part 36: Exploring the changes"
Mr Wharton (D) died in 2008 and was survived by his second wife, Maureen (M), and by his three adult daughters, Victoria, Gina and Amanda. D and M had been living together for 32 years but only married three days before D’s death. He had been discharged from hospital earlier that day so that he could spend his last few days at home. During this time his solicitor (B) visited him at home and took instructions from him for a will. This left his entire £4m estate to M, in contemplation of their marriage that took place the same evening. Essentially, D made a ‘deathbed will’...