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Challenge to death-bed will fails
03 January 2012
On 8th December 2011 the High Court gave Judgment in the case of Maureen Wharton -v- Timothy John Bancroft and others.
The Claimant sought to prove the Will of her late husband (X). The Defendants challenged the Will on the basis of undue influence. X had been terminally ill and had made the Will in contemplation of his marriage to the Claimant. He left her the entirety of his estate. She had been his partner for 32 years. The Will had been prepared by his solicitor, read to him and the Claimant had not been present when X gave his instructions. Immediately after making the Will, X married the Claimant and then sadly, a couple of days later, died. The Defendants were children and asserted undue influence.
The Court said that it was for those asserting undue influence to prove it. On the evidence the Will in favour of the Claimant could not be explained by coercive pressure. X had understood that by giving everything to the Claimant, he would not leave anything for anybody else. The document contained his last true wishes and X was free and competent. The Will was therefore valid and the counterclaim was dismissed.
Should you wish to discuss any element of contentious probate, please contact our Litigation Team for a free exploratory discussion.
Andrew Petchey, Partner, Litigation Team, Howell Jones solicitors
