Corinne Dunstan v Andrea Ball

Corinne Dunstan v Andrea Ball

On the balance of probabilities, the Will was executed by Michelle Wilkins with knowledge and approval, free from undue influence or fraudulent calumny. The evidence did not support the Defendant's allegations. The Will was rational given the factual background, and the procedural requirements for solemn form were ultimately satisfied by agreement.

Parties
Claimant: Corinne Dunstan; Defendant: Andrea Ball
Jurisdiction
England and Wales
Judgment Date
08 December 2024
Procedural Posture
Probate Dispute / Judgment After Trial
Outcome
Counterclaim dismissed; Will pronounced in solemn form
Legal Topics
Knowledge and Approval, Undue Influence, Fraudulent Calumny, Will Execution, Testamentary Capacity
Probate Trusts Property Knowledge and Approval Undue Influence Fraudulent Calumny Will Execution Testamentary Capacity

Case Brief

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Parties

Corinne Dunstan

Claimant

Andrea Ball

Defendant

Procedural Posture

Probate Dispute / Judgment After Trial

Legal Issues

  1. 1 Whether the Will of Michelle Wilkins should be set aside for want of knowledge and approval, undue influence, or fraudulent calumny
  2. 2 Whether the Will was duly executed in accordance with statutory requirements

Ratio Decidendi

On the balance of probabilities, the Will was executed by Michelle Wilkins with knowledge and approval, free from undue influence or fraudulent calumny. The evidence did not support the Defendant's allegations. The Will was rational given the factual background, and the procedural requirements for solemn form were ultimately satisfied by agreement.

Court Disposition

Counterclaim dismissed; Will pronounced in solemn form

Orders

  • Probate granted to Corinne Dunstan as executrix under the Will of Michelle Wilkins
  • Costs to be determined at subsequent hearing