Schomberg & Ors v Taylor & Ors

Schomberg & Ors v Taylor & Ors

The court found, on the balance of probabilities and based on cogent evidence, that Mrs Taylor's volition was overborne by persistent coercion from Bruce Peskin during a period of physical and mental frailty, resulting in the 2008 will not reflecting her true intentions. The 2008 will was executed under undue influence and should not be admitted to probate.

Parties
Claimant: Vanessa Schomberg; Claimant: Derek Randall; Defendant: David Taylor; Defendant: Paul Taylor; Defendant: Celina Anne Kaplan; Defendant: Andrew Jonathan David Peskin; Defendant: Dominic Samuel Alexander Peskin; Defendant: Bruce Anthony Peskin; Defendant: Lucy McKay; Defendant: Terry Waterhouse
Jurisdiction
England and Wales
Judgment Date
16 January 2013
Procedural Posture
Probate / Judgment
Outcome
Undue influence proved; 2008 will pronounced against; further submissions required regarding 2005 will probate.
Legal Topics
Undue Influence, Will Validity, Testamentary Capacity, Coercion, Executor Appointment
Succession Probate Family Law Undue Influence Will Validity Testamentary Capacity Coercion Executor Appointment

Case Brief

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Parties

Vanessa Schomberg

Claimant

Derek Randall

Claimant

David Taylor

Defendant

Paul Taylor

Defendant

Celina Anne Kaplan

Defendant

Andrew Jonathan David Peskin

Defendant

Dominic Samuel Alexander Peskin

Defendant

Bruce Anthony Peskin

Defendant

Lucy McKay

Defendant

Terry Waterhouse

Defendant

Procedural Posture

Probate / Judgment

Legal Issues

  1. 1 Whether the 2008 will of Marlene Taylor was executed under undue influence.
  2. 2 Whether the 2005 will should be propounded in solemn form.

Ratio Decidendi

The court found, on the balance of probabilities and based on cogent evidence, that Mrs Taylor's volition was overborne by persistent coercion from Bruce Peskin during a period of physical and mental frailty, resulting in the 2008 will not reflecting her true intentions. The 2008 will was executed under undue influence and should not be admitted to probate.

Court Disposition

Undue influence proved; 2008 will pronounced against; further submissions required regarding 2005 will probate.

Orders

  • The 2008 will of Marlene Taylor is not to be admitted to probate due to undue influence.
  • Further submissions to be heard regarding the evidence required for pronouncing the 2005 will in solemn form.