Mundil-Williams v Williams & Ors

Mundil-Williams v Williams & Ors

The testator did not have knowledge and approval of the contents of the 2014 Will, specifically misunderstanding that the Farm would pass entirely to Richard rather than fall into residue for division among the sons. The court has power to sever the offending part (the absolute gift of the Farm to Richard) and admit the remainder of the 2014 Will to probate, as this most closely reflects the testator's intentions.

Parties
Claimant: Timothy Mundil-Williams; First Defendant: Richard John Williams; Second Defendant: Thomas Owen Williams; Third Defendant: William Ifor Williams; Fourth Defendant: Susan Williams
Jurisdiction
England and Wales
Judgment Date
16 March 2021
Procedural Posture
Probate / Judgment After Trial
Outcome
The court found the testator did not know and approve the 2014 Will in its entirety and indicated it would order the omission of the absolute gift of the Farm to Richard from clause 5, admitting the remainder of the 2014 Will to probate, subject to hearing counsel on the precise terms of the order.
Legal Topics
Knowledge and Approval of Will, Testamentary Intention, Rectification/severance of Will, Validity of Will
Succession Probate Wills and Estates Knowledge and Approval of Will Testamentary Intention Rectification/severance of Will Validity of Will

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Parties

Timothy Mundil-Williams

Claimant

Richard John Williams

First Defendant

Thomas Owen Williams

Second Defendant

William Ifor Williams

Third Defendant

Susan Williams

Fourth Defendant

Procedural Posture

Probate / Judgment After Trial

Legal Issues

  1. 1 Whether the testator, John Williams, knew and approved the contents of the 2014 Will
  2. 2 Whether the 2014 Will represents the testator's testamentary intentions
  3. 3 Whether the court can sever or omit parts of a will not known or approved by the testator

Ratio Decidendi

The testator did not have knowledge and approval of the contents of the 2014 Will, specifically misunderstanding that the Farm would pass entirely to Richard rather than fall into residue for division among the sons. The court has power to sever the offending part (the absolute gift of the Farm to Richard) and admit the remainder of the 2014 Will to probate, as this most closely reflects the testator's intentions.

Court Disposition

The court found the testator did not know and approve the 2014 Will in its entirety and indicated it would order the omission of the absolute gift of the Farm to Richard from clause 5, admitting the remainder of the 2014 Will to probate, subject to hearing counsel on the precise terms of the order.