Carolyne Mary Parfitt v Victoria Jane Jones & Anor

Carolyne Mary Parfitt v Victoria Jane Jones & Anor

The deceased, Mary Barbara Wadge, had testamentary capacity when she gave instructions for and executed the Will dated 19 November 2008. The Will was rational, reflected her longstanding estrangement from the First Defendant, and there was no evidence of undue influence or lack of knowledge and approval. The Will is valid and should be admitted to probate.

Parties
Claimant: Carolyne Mary Parfitt; First Defendant: Victoria Jane Jones; Second Defendant: Svetlana Wilkes (as the personal representative of James David Wilkes deceased)
Jurisdiction
England and Wales
Judgment Date
24 June 2025
Procedural Posture
Probate / Judgment After Trial
Outcome
Will pronounced valid; counterclaim dismissed
Legal Topics
Testamentary Capacity, Undue Influence, Knowledge and Approval, Validity of Will
Succession Law Probate Testamentary Capacity Undue Influence Knowledge and Approval Validity of Will

Case Brief

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Parties

Carolyne Mary Parfitt

Claimant

Victoria Jane Jones

First Defendant

Svetlana Wilkes (as the personal representative of James David Wilkes deceased)

Second Defendant

Procedural Posture

Probate / Judgment After Trial

Legal Issues

  1. 1 Whether the deceased, Mary Barbara Wadge, had testamentary capacity at the time of making the Will dated 19 November 2008
  2. 2 Whether the Will was procured by undue influence exerted by the Claimant
  3. 3 Whether the deceased knew and approved the contents of the Will

Ratio Decidendi

The deceased, Mary Barbara Wadge, had testamentary capacity when she gave instructions for and executed the Will dated 19 November 2008. The Will was rational, reflected her longstanding estrangement from the First Defendant, and there was no evidence of undue influence or lack of knowledge and approval. The Will is valid and should be admitted to probate.

Court Disposition

Will pronounced valid; counterclaim dismissed

Orders

  • The Will of Mary Barbara Wadge dated 19 November 2008 is admitted to probate.
  • The counterclaim by Victoria Jane Jones is dismissed.