Rainey v Weller & Ors [2021] EWHC 2206 (Ch) (05 August 2021)

Rainey v Weller & Ors [2021] EWHC 2206 (Ch) (05 August 2021)

The court found that the will dated 9 February 2018 was validly executed by Mrs Weller with full testamentary capacity and free from undue influence, based on the unchallenged evidence of the solicitors and witnesses involved. The will dated 5 March 2018 was found to be a forgery, not signed by Mrs Weller, as established by the handwriting expert evidence and the lack of credible supporting evidence from the Defendants. The burden of proof was not discharged by the Defendants, and the March Will was not admitted to probate.

Citation
[2021] EWHC 2206 (Ch)
Parties
Claimant: Ann Rainey; First Defendant: Paul James Weller; Second Defendant: Stephen Weller; Third Defendant: Toni Weller; Fourth Defendant: Francesca Mapp; Fifth Defendant: James Weller; Sixth Defendant: Arry Weller
Jurisdiction
England and Wales
Judgment Date
05 August 2021
Procedural Posture
Probate Dispute / Judgment After Trial
Outcome
Claim allowed. The will dated 9 February 2018 is admitted to probate. The will dated 5 March 2018 is declared invalid.
Legal Topics
Validity of Wills, Forgery of Wills, Testamentary Capacity, Burden of Proof in Probate, Execution of Wills
Wills and Probate Trusts and Estates Validity of Wills Forgery of Wills Testamentary Capacity Burden of Proof in Probate Execution of Wills

Case Brief

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Parties

Ann Rainey

Claimant

Paul James Weller

First Defendant

Stephen Weller

Second Defendant

Toni Weller

Third Defendant

Francesca Mapp

Fourth Defendant

James Weller

Fifth Defendant

Arry Weller

Sixth Defendant

Procedural Posture

Probate Dispute / Judgment After Trial

Legal Issues

  1. 1 Whether the will dated 9 February 2018 is genuine
  2. 2 Whether the will dated 5 March 2018 is genuine

Ratio Decidendi

The court found that the will dated 9 February 2018 was validly executed by Mrs Weller with full testamentary capacity and free from undue influence, based on the unchallenged evidence of the solicitors and witnesses involved. The will dated 5 March 2018 was found to be a forgery, not signed by Mrs Weller, as established by the handwriting expert evidence and the lack of credible supporting evidence from the Defendants. The burden of proof was not discharged by the Defendants, and the March Will was not admitted to probate.

Court Disposition

Claim allowed. The will dated 9 February 2018 is admitted to probate. The will dated 5 March 2018 is declared invalid.

Orders

  • Probate granted in solemn form to the will dated 9 February 2018.
  • The will dated 5 March 2018 is declared invalid and not admitted to probate.