Williams v Williams [2022] EWHC 1334 (Ch) (01 June 2022)

Williams v Williams [2022] EWHC 1334 (Ch) (01 June 2022)

The court found that, on the balance of probabilities, the deceased had testamentary capacity when executing the 2019 Will. The evidence of the independent solicitor who took instructions and witnessed execution, contemporaneous medical evidence, and the rationality of the will outweighed the objections and retrospective expert opinion. There was no sufficient evidence of undue influence. The 2019 Will is valid and should be admitted to probate. The possession claim succeeds as a consequence.

Citation
[2022] EWHC 1334 (Ch)
Parties
Claimant (probate Claim) / Defendant (possession Claim): Claire Lorraine Williams; Defendant (probate Claim) / Claimant (possession Claim): Catherine Hilary Williams (as Executrix of the Estate of Winifred Bernadette Williams and personally); Defendant (possession Claim): Hanns Webber
Jurisdiction
England and Wales
Judgment Date
01 June 2022
Procedural Posture
Probate and Possession (consolidated) / High Court Trial Judgment
Outcome
Probate claim dismissed; 2019 Will admitted to probate; Possession claim succeeds.
Legal Topics
Testamentary Capacity, Undue Influence, Validity of Will, Possession Proceedings
Probate Property Law Trusts Testamentary Capacity Undue Influence Validity of Will Possession Proceedings

Case Brief

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Parties

Claire Lorraine Williams

Claimant (probate Claim) / Defendant (possession Claim)

Catherine Hilary Williams (as Executrix of the Estate of Winifred Bernadette Williams and personally)

Defendant (probate Claim) / Claimant (possession Claim)

Hanns Webber

Defendant (possession Claim)

Procedural Posture

Probate and Possession (consolidated) / High Court Trial Judgment

Legal Issues

  1. 1 Whether the 2019 Will of Winifred Bernadette Williams is valid (testamentary capacity and undue influence)
  2. 2 Whether the 2012 Will should be admitted to probate
  3. 3 Whether possession of 26 Mirador Crescent should be granted

Ratio Decidendi

The court found that, on the balance of probabilities, the deceased had testamentary capacity when executing the 2019 Will. The evidence of the independent solicitor who took instructions and witnessed execution, contemporaneous medical evidence, and the rationality of the will outweighed the objections and retrospective expert opinion. There was no sufficient evidence of undue influence. The 2019 Will is valid and should be admitted to probate. The possession claim succeeds as a consequence.

Court Disposition

Probate claim dismissed; 2019 Will admitted to probate; Possession claim succeeds.

Orders

  • 2019 Will of Winifred Bernadette Williams admitted to probate
  • Possession of 26 Mirador Crescent, Swansea granted to the executrix (Catherine Hilary Williams)