Solveig Anne Tucker v Anne Felton-Page & Ors

Solveig Anne Tucker v Anne Felton-Page & Ors

The 2013 Will was invalid as the Deceased lacked testamentary capacity at the time of its execution, as established by the consensus of expert evidence and supported by lay evidence. There was insufficient evidence to make findings of undue influence or fraudulent calumny due to the trial being conducted on the papers. The 2006 Will is to be propounded as the valid will. Costs are to follow the event from 25 February 2023, with no order for costs prior to that date due to the reasonableness of the Claimant's investigation up to the point her expert's opinion changed.

Parties
Claimant: Solveig Anne Tucker; First Defendant: Anne Felton-Page; Second Defendant: David Thomas Weir; Third Defendant: Dilwyns Solicitors
Jurisdiction
England and Wales
Judgment Date
13 March 2025
Procedural Posture
Probate/contentious Probate / Final Judgment and Costs Determination After Trial on the Papers
Outcome
The 2013 Will is pronounced against for lack of testamentary capacity; the 2006 Will is to be propounded in solemn form. Costs: No order for costs up to 24 February 2023; Claimant to pay Defendants' costs from 25 February 2023 on the standard basis. Second Defendant to pay 25% of other parties’ costs of the 16...
Legal Topics
Testamentary Capacity, Knowledge and Approval, Undue Influence, Fraudulent Calumny, Costs in Probate Proceedings, Discontinuance of Claim
Probate Wills and Estates Civil Procedure Testamentary Capacity Knowledge and Approval Undue Influence Fraudulent Calumny Costs in Probate Proceedings +1 more

Case Brief

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Parties

Solveig Anne Tucker

Claimant

Anne Felton-Page

First Defendant

David Thomas Weir

Second Defendant

Dilwyns Solicitors

Third Defendant

Procedural Posture

Probate/contentious Probate / Final Judgment and Costs Determination After Trial on the Papers

Legal Issues

  1. 1 Whether the 2013 Will of Pamela Moore was valid and should be propounded in solemn form
  2. 2 Whether the Deceased had testamentary capacity at the time of the 2013 Will
  3. 3 Whether the Deceased knew and approved the contents of the 2013 Will

Ratio Decidendi

The 2013 Will was invalid as the Deceased lacked testamentary capacity at the time of its execution, as established by the consensus of expert evidence and supported by lay evidence. There was insufficient evidence to make findings of undue influence or fraudulent calumny due to the trial being conducted on the papers. The 2006 Will is to be propounded as the valid will. Costs are to follow the event from 25 February 2023, with no order for costs prior to that date due to the reasonableness of the Claimant's investigation up to the point her expert's opinion changed.

Court Disposition

The 2013 Will is pronounced against for lack of testamentary capacity; the 2006 Will is to be propounded in solemn form. Costs: No order for costs up to 24 February 2023; Claimant to pay Defendants' costs from 25 February 2023 on the standard basis. Second Defendant to pay 25% of other parties’ costs of the 16...

Orders

  • 2013 Will pronounced against for lack of capacity
  • 2006 Will to be propounded in solemn form