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...