Re Wilson (dec’d) [2013] EWHC 499 (Ch)

June 2013 #130

The testatrix Iris Wilson (Iris) made a will dated 31 August 2010 and died on 6 October 2010. Her will appointed the first defendant Mr Phythian as the sole executor and left her personal effects and the residue of her estate to the second defendant Mrs Phythian and the property known as North Lodge in Yalding Kent in equal shares to Mr and Mrs Phythian.

Mrs Lynda Turner (the claimant) the niece of Iris challenged the will on three grounds:

  • Lack of proper execution.
  • Lack of mental capacity.
  • Lack of knowledge and approval of the contents of the will.<...