This was a retrial. The original trial in November 2012 was conducted in the absence of the defendant Andrew Jeffrey.
Daphne Jeffrey died in February 2010, aged 76, having divorced her husband David ten days before her death. She had two children – Nicholas and Andrew. She made a will in 2007 appointing Nicholas and Christopher Eyre (a friend left nothing in the will) as her executors and leaving her estate between Nicholas and Andrew’s three children. Prior to that she had made wills in 1982, 2002 and 2004. In 2008 she gifted two properties to Nicholas.
David and Daphne se...
Mrs Louisa Ashkettle (the testatrix) died on 27 September 2007, aged 86. She left two wills dated 2 October 1986 and 18 January 1999. While the 1986 will left everything equally between her two sons (the claimants) and her daughter (the respondent), the 1999 will (the will) left everything to the respondent. The claimants stated that:
Jessica Schrader (the testatrix) died a widow aged 98. The testatrix’s two sons, the claimant (Nick) and the defendant (Bill), survived her.
By a will dated 1 October 1990 (the 1990 will), drafted by a firm of solicitors, the testatrix had made specific gifts of shares and savings bonds to her grandchildren and thereafter left her residue (on her husband having predeceased) to Nick and Bill in equal shares absolutely.
However, in or about May 2005, the testatrix suffered a fall and Nick moved into the testatrix’s property to act as her carer. On 12 April 2006, a further wil...
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Mr Wharton (D) had been married many years ago and had two daughters from that marriage, Victoria and Gina, (V and G) the third and fourth defendants. He had another relationship which resulted in a third child, Amanda (A), the fifth defendant. He divorced his first wife in 1977 and cohabited with the claimant, Maureen, (M) who took his surname but did not marry him until immediately prior to his death in 2008. Between 1979 and 1995 D made and executed three successive wills all leaving substantial property to M and providing for his children, and some of M’s children, in various w...
Daphne Mary Burgess (testatrix), who was a widow, had made a will on 23 September 1996 (1996 will) leaving her entire estate equally between her three children, the first and second claimants and the first defendant. At that time, she was living at 8 Abbey Way, Bradville, Milton Keynes (8 Abbey Way) and, while retaining a sense of financial independence, she relied on her son for the payment of household bills. Her physical health deteriorated as she became older, medication was already required for hypertension when she was diagnosed with diabetes, and an arthritic condition worsened to...
Mrs Blofield (D) was in her 80’s and owned her own home worth around £140,000. Her only son (R) was an alcoholic and seriously ill. He moved into her house in 2002 and remained there until he died, intestate, on 5 August 2006. He had fathered several children. One was adopted and others taken into care but they paid no part in his life or that of his mother, D. He did, however, have a legitimate daughter, the claimant, Mrs Leigh Cowderoy, (C) who inherited his estate. Relations between C and R were strained and there was very little contact between C and D because of this although ...