Pearce v Beverley [2013] EW Misc 10 (CC) (13 August 2013)

Pearce v Beverley [2013] EW Misc 10 (CC) (13 August 2013)

The will dated 20 June 2007 was not validly executed due to lack of testamentary capacity and want of knowledge and approval; the property transactions and payments to Elizabeth Beverley were procured by undue influence and are liable to be set aside, subject to crediting her financial contribution.

Citation
[2013] EW Misc 10 (CC)
Parties
Claimant: Colette Pearce; Defendant: Elizabeth Beverley
Jurisdiction
England and Wales
Judgment Date
13 August 2013
Procedural Posture
Civil Claim / Judgment
Outcome
Claim allowed
Legal Topics
Undue Influence, Testamentary Capacity, Intestacy, Tracing Remedies, Trusts
Equity Probate Property Law Undue Influence Testamentary Capacity Intestacy Tracing Remedies Trusts

Case Brief

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Parties

Colette Pearce

Claimant

Elizabeth Beverley

Defendant

Procedural Posture

Civil Claim / Judgment

Legal Issues

  1. 1 Whether the will dated 20 June 2007 was validly executed
  2. 2 Whether certain property transactions and payments were procured by undue influence
  3. 3 Whether Elizabeth Beverley abused her position of trust over John Pearce

Ratio Decidendi

The will dated 20 June 2007 was not validly executed due to lack of testamentary capacity and want of knowledge and approval; the property transactions and payments to Elizabeth Beverley were procured by undue influence and are liable to be set aside, subject to crediting her financial contribution.

Court Disposition

Claim allowed

Orders

  • Will dated 20 June 2007 declared invalid; John Pearce died intestate; estate passes to daughter
  • Transfer of 1 Rose Grove set aside for undue influence, subject to crediting £16,116.86 to Elizabeth Beverley