Edwards v Edwards & Ors

The court found that Terry Edwards, aided by David Morris, deliberately poisoned Mrs Edwards' mind with false accusations against John and Carol, overbearing her discretion and judgment, resulting in undue influence and invalidating the 2001 will.

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 / Final Judgment
Outcome: Will of 10 October 2001 pronounced invalid due to undue influence; will of 16 July 1990 pronounced valid.
Legal Topics: Undue Influence, Testamentary Capacity, Fraudulent Calumny, Will Validity

Probate Succession Family Law Undue Influence Testamentary Capacity Fraudulent Calumny Will Validity

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 / Final Judgment

Legal Issues

1 Whether the will of 10 October 2001 was procured by undue influence or fraudulent calumny
2 Whether Mrs Edwards acted as a free agent in making her testamentary dispositions

Ratio Decidendi

Court Disposition

Will of 10 October 2001 pronounced invalid due to undue influence; will of 16 July 1990 pronounced valid.

Orders

Probate granted in favour of the will dated 16 July 1990.
Probate refused for the will dated 10 October 2001.