Reeves v Drew & Ors [2022] EWHC 159 (Ch) (31 January 2022)

Reeves v Drew & Ors [2022] EWHC 159 (Ch) (31 January 2022)

The court found that the deceased did not know and approve the contents of the 2014 will. The evidence revealed significant suspicious circumstances, including the deceased's limited literacy, the involvement and conduct of the Claimant and her solicitor, and the dramatic and unexplained change from the 2012 will. The Claimant and her solicitor were found to have concealed the extent of their involvement. The presumption of knowledge and approval was displaced, and the Claimant failed to establish positive proof that the deceased understood and approved the 2014 will. The allegation of undue influence was not made out to the required standard, but the lack of knowledge and approval was...

Citation
[2022] EWHC 159 (Ch)
Parties
Claimant: Louise Michelle Reeves; First Defendant: Clayton Peter Drew; Second Defendant: Simon Kevin Frain (aka Simon Kevin Frain, aka Bill Reeves); Third Defendant: Lisa Murray; Fourth Defendant: Mark Ryan McKinnon; Fifth Defendant: Cherie Adeline McKinnon
Jurisdiction
England and Wales
Judgment Date
31 January 2022
Procedural Posture
Probate Dispute (contentious Probate) / First Instance Judgment
Outcome
Claim dismissed. The 2014 will was not admitted to probate. The 2012 will stands as the last valid will.
Legal Topics
Knowledge and Approval of Will, Undue Influence, Testamentary Capacity, Execution of Wills, Burden of Proof in Probate, Family Provision
Wills and Probate Trusts Property Law Knowledge and Approval of Will Undue Influence Testamentary Capacity Execution of Wills Burden of Proof in Probate +1 more

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Parties

Louise Michelle Reeves

Claimant

Clayton Peter Drew

First Defendant

Simon Kevin Frain (aka Simon Kevin Frain, aka Bill Reeves)

Second Defendant

Lisa Murray

Third Defendant

Mark Ryan McKinnon

Fourth Defendant

Cherie Adeline McKinnon

Fifth Defendant

Procedural Posture

Probate Dispute (contentious Probate) / First Instance Judgment

Legal Issues

  1. 1 Whether the deceased knew and approved the contents of the 2014 will
  2. 2 Whether the 2014 will was procured by undue influence

Ratio Decidendi

The court found that the deceased did not know and approve the contents of the 2014 will. The evidence revealed significant suspicious circumstances, including the deceased's limited literacy, the involvement and conduct of the Claimant and her solicitor, and the dramatic and unexplained change from the 2012 will. The Claimant and her solicitor were found to have concealed the extent of their involvement. The presumption of knowledge and approval was displaced, and the Claimant failed to establish positive proof that the deceased understood and approved the 2014 will. The allegation of undue influence was not made out to the required standard, but the lack of knowledge and approval was...

Court Disposition

Claim dismissed. The 2014 will was not admitted to probate. The 2012 will stands as the last valid will.

Orders

  • Probate in solemn form refused for the 2014 will.
  • Probate granted in respect of the 2012 will.