Charles Steven Bond & Anor v Denise May Webster & Ors

Charles Steven Bond & Anor v Denise May Webster & Ors

The claimants failed to prove on the balance of probabilities that Reginald Charles Bond had testamentary capacity or knew and approved the contents of the 2019 Will and Codicil. The will-making process was orchestrated by beneficiaries, lacked independent advice, and Reg's engagement and understanding were not established. The 2019 Will and Codicil are invalid; the August 2017 Will is admitted to probate.

Parties
Claimant: Charles Steven Bond; Claimant: Graham Reginald Bond; Defendant: Denise May Webster; Defendant: Karen Joyce Daddy; Defendant: Michael Ian Bond; Defendant: Lindsay Bond
Jurisdiction
England and Wales
Judgment Date
08 February 2024
Procedural Posture
Probate/contentious Will / Final Judgment After Trial
Outcome
2019 Will and Codicil declared invalid; August 2017 Will admitted to probate.
Legal Topics
Testamentary Capacity, Knowledge and Approval, Validity of Will, Golden Rule, Undue Influence (not Pursued)
Probate Succession Trusts Testamentary Capacity Knowledge and Approval Validity of Will Golden Rule Undue Influence (not Pursued)

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Parties

Charles Steven Bond

Claimant

Graham Reginald Bond

Claimant

Denise May Webster

Defendant

Karen Joyce Daddy

Defendant

Michael Ian Bond

Defendant

Lindsay Bond

Defendant

Procedural Posture

Probate/contentious Will / Final Judgment After Trial

Legal Issues

  1. 1 Whether Reginald Charles Bond had testamentary capacity at the time he executed the 2019 Will and Codicil
  2. 2 Whether Reginald Charles Bond knew and approved the contents of the 2019 Will and Codicil

Ratio Decidendi

The claimants failed to prove on the balance of probabilities that Reginald Charles Bond had testamentary capacity or knew and approved the contents of the 2019 Will and Codicil. The will-making process was orchestrated by beneficiaries, lacked independent advice, and Reg's engagement and understanding were not established. The 2019 Will and Codicil are invalid; the August 2017 Will is admitted to probate.

Court Disposition

2019 Will and Codicil declared invalid; August 2017 Will admitted to probate.

Orders

  • Pronounce against the validity of the 2019 Will and Codicil.
  • Pronounce in solemn form for the force and validity of the August 2017 Will.