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Continue reading "Wills: Crossing a line"
This was a challenge to the formal and substantial validity of the last will of David Poole (the testator) dated 26 December 2012 (the December will) on the grounds of want of due execution, want of knowledge and approval, lack of testamentary capacity and undue influence.
The testator (who died on 19 March 2013) had suffered severe physical and psychiatric injuries following a motorcycle accident in 1985. The December will had been prepared by Mr Everall, the first respondent, who had been the testator’s paid carer/’supporting landlord’ since 1994. The December ...
Kenneth William Jordan (Mr Jordan) died on 4 August 2012 leaving a wife (from whom he was estranged) and two adult children. The claimant was Mr Jordan’s partner during the last years of his life and the first defendant was his daughter from a relationship that predated his marriage. He had previously made a will giving pecuniary legacies to the first defendant and two of his sisters with the residuary estate passing to the claimant. Subsequently, in January 2012, Mr Jordan gave instructions to Mr Mumford (who was his brother-in-law), a solicitor with the firm Melia Mumford, to make a ne...
The claimant was the daughter of Mr Gurwak Singh (the deceased), who died on 23 March 2009. The first defendant was the deceased’s son and had obtained a grant of probate of what he claimed was the deceased’s last will, which was dated 3 May 1999.
The claimant brought an action seeking an order for revocation of the grant of probate, pronouncing against the purported will and for the appointment of an independent person to administer the estate. The action was brought on the basis that the purported will had not been properly executed pursuant to s9(c) of the Wills Act...