Edwards v Edwards & Ors [2007] EWHC 1119 (Ch) (03 May 2007)

Edwards v Edwards & Ors [2007] EWHC 1119 (Ch) (03 May 2007)

The court found that Terry Edwards, aided by David Morris, deliberately poisoned Mrs Edwards' mind with false accusations against John and Carol, overbore her discretion and judgment, and procured the 2001 will by undue influence and fraudulent calumny. The reasons Mrs Edwards gave for the change were false and prompted by Terry and Morris. The 2001 will is invalid and the 1990 will is to be admitted to probate.

Citation
[2007] EWHC 1119 (Ch)
Parties
Claimant: John Edwards; First Defendant: Terence James Edwards; Second Defendant: Elizabeth Maud Coombes; Third Defendant: The Partners of KTP Solicitors
Jurisdiction
England and Wales
Judgment Date
03 May 2007
Procedural Posture
Probate Dispute / Judgment After Trial
Outcome
Will of 10 October 2001 pronounced against; will of 16 July 1990 pronounced in favour.
Legal Topics
Undue Influence, Testamentary Capacity, Fraudulent Calumny, Validity of Wills
Probate Wills and Estates Undue Influence Testamentary Capacity Fraudulent Calumny Validity of Wills

Case Brief

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Parties

John Edwards

Claimant

Terence James Edwards

First Defendant

Elizabeth Maud Coombes

Second Defendant

The Partners of KTP Solicitors

Third Defendant

Procedural Posture

Probate Dispute / Judgment After Trial

Legal Issues

  1. 1 Whether the will of 10 October 2001 was procured by undue influence or fraudulent calumny
  2. 2 Whether the will of 10 October 2001 should be set aside in favour of the 1990 will

Ratio Decidendi

The court found that Terry Edwards, aided by David Morris, deliberately poisoned Mrs Edwards' mind with false accusations against John and Carol, overbore her discretion and judgment, and procured the 2001 will by undue influence and fraudulent calumny. The reasons Mrs Edwards gave for the change were false and prompted by Terry and Morris. The 2001 will is invalid and the 1990 will is to be admitted to probate.

Court Disposition

Will of 10 October 2001 pronounced against; will of 16 July 1990 pronounced in favour.

Orders

  • Probate granted in respect of the 1990 will.
  • 2001 will declared invalid due to undue influence.