Gill v Woodall & Ors (Rev 1) [2010] EWCA Civ 1430 (14 December 2010)

Gill v Woodall & Ors (Rev 1) [2010] EWCA Civ 1430 (14 December 2010)

The Court of Appeal held that, on the exceptional facts of the case, Mrs Gill did not know or approve the contents of her will when she executed it, due to her severe agoraphobia and the circumstances of execution, and that the RSPCA failed to rebut the prima facie case of lack of knowledge and approval. The grant of probate was properly revoked and Mrs Gill was treated as having died intestate.

Citation
[2010] EWCA Civ 1430
Parties
Claimant/respondent: Christine Angela Gill; Defendant/respondent: Stephen Woodall; Defendant/respondent: Stanley Anthony Lonsdale; Defendant/appellant: The Royal Society for the Prevention of Cruelty to Animals (RSPCA)
Jurisdiction
England and Wales
Judgment Date
14 December 2010
Procedural Posture
Probate Appeal / Court of Appeal (civil Division) on Appeal From High Court, Chancery Division
Outcome
Appeal dismissed; cross-appeal allowed; grant of probate revoked; intestacy rules apply.
Legal Topics
Knowledge and Approval of Will, Undue Influence, Proprietary Estoppel, Testamentary Capacity
Wills and Probate Equity and Trusts Knowledge and Approval of Will Undue Influence Proprietary Estoppel Testamentary Capacity

Case Brief

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Parties

Christine Angela Gill

Claimant/respondent

Stephen Woodall

Defendant/respondent

Stanley Anthony Lonsdale

Defendant/respondent

The Royal Society for the Prevention of Cruelty to Animals (RSPCA)

Defendant/appellant

Procedural Posture

Probate Appeal / Court of Appeal (civil Division) on Appeal From High Court, Chancery Division

Legal Issues

  1. 1 Whether Mrs Gill knew and approved the contents of her will
  2. 2 Whether Mrs Gill's will was procured by undue influence
  3. 3 Whether Dr Gill had a claim to the farm by proprietary estoppel

Ratio Decidendi

The Court of Appeal held that, on the exceptional facts of the case, Mrs Gill did not know or approve the contents of her will when she executed it, due to her severe agoraphobia and the circumstances of execution, and that the RSPCA failed to rebut the prima facie case of lack of knowledge and approval. The grant of probate was properly revoked and Mrs Gill was treated as having died intestate.

Court Disposition

Appeal dismissed; cross-appeal allowed; grant of probate revoked; intestacy rules apply.

Orders

  • The order revoking the grant of probate of Mrs Gill's will stands.
  • Mrs Gill is treated as having died intestate.