Source: All England Reporter
Publisher Citation: [2011] All ER (D) 84 (Dec)
Neutral Citation: [2011] EWHC 3250 (Ch)
Court: Chancery Division

Norris J

Representation Constance McDonnell (instructed by Furley Page) for the claimant.
  The first defendant appeared in person.
  Jeremy Cousins QC (instructed by Wright Hassall LLP) for the third, fourth and fifth defendants.
Judgment Dates: 8 December 2011


Equity - Undue influence - Actual undue influence - Testator making will in last days of life, while medicated - Will granting entire estate to partner - Testator's daughters alleging undue influence by testator's partner - Partner commencing proceedings to prove will in solemn form - Whether undue influence occurring.

The Case

Equity Undue influence. The Chancery Division held that the claimant's application to prove a will in her favour in solemn form would succeed, where on the facts there had been no undue influence by the claimant on the testator.

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