Source: All England Reporter
Publisher Citation: [2013] All ER (D) 37 (May)
Neutral Citation: [2013] EWHC 955 (Ch)
Court: Chancery Division
Judge:

David Donaldson QC sitting as a deputy judge of the High Court

Judgment Dates: 30 April 2013

Catchwords

Will - Execution - Deceased executing two wills (1992 will and 2008 will) to benefit of defendants, his step-grandchildren - Deceased's natural son bringing proceedings against defendants seeking a pronouncement against 2008 will - First and second defendants accepting that 2008 will invalid but counterclaiming for pronouncement in favour of 1992 will - Whether court ought to grant pronouncement.

The Case

Will Execution. The Chancery Division pronounced in favour of a will made in 1992 which benefited the step-grandchildren of the deceased and not his son, from whom he had allegedly become estranged. In all the circumstances, it was unsurprising that the deceased had gone along with the idea that, in the event of his wife dying first, his estate should go to the step-grandchildren. That might have followed a persistent campaign of nagging or similar pressure and amounted to a resigned reaction of the deceased for the sake of a quieter life, but no case of undue influence had been advanced.

Practice Areas

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