Wilkes v Wilkes [2000] EWCOP 1562 (08 June 2000)

Wilkes v Wilkes [2000] EWCOP 1562 (08 June 2000)

The court found that the Testatrix, due to advanced age, multiple strokes, cognitive impairment, and the circumstances of the will's preparation and execution, lacked testamentary capacity and did not know or approve the contents of the 1995 Will. The suspicions arising from the will being prepared by and in favour of George were not dispelled. There was insufficient evidence of undue influence, but the lack of capacity and knowledge and approval were determinative.

Citation
[2000] EWCOP 1562
Parties
Plaintiff: Frank Michael Wilkes; First Defendant: George Alan Wilkes; Second Defendant: Nicholas Sorrell; Third Defendant: Maureen Ayres
Jurisdiction
England and Wales
Judgment Date
08 June 2000
Procedural Posture
Probate / Judgment After Trial
Outcome
Probate of the 1995 Will revoked; letters of administration to be granted to Frank Michael Wilkes.
Legal Topics
Testamentary Capacity, Knowledge and Approval, Undue Influence, Revocation of Probate
Wills and Probate Succession Law Testamentary Capacity Knowledge and Approval Undue Influence Revocation of Probate

Case Brief

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Parties

Frank Michael Wilkes

Plaintiff

George Alan Wilkes

First Defendant

Nicholas Sorrell

Second Defendant

Maureen Ayres

Third Defendant

Procedural Posture

Probate / Judgment After Trial

Legal Issues

  1. 1 Whether the Testatrix had testamentary capacity at the time of executing the 1995 Will
  2. 2 Whether the Testatrix knew and approved the contents of the 1995 Will
  3. 3 Whether the 1995 Will was procured by undue influence

Ratio Decidendi

The court found that the Testatrix, due to advanced age, multiple strokes, cognitive impairment, and the circumstances of the will's preparation and execution, lacked testamentary capacity and did not know or approve the contents of the 1995 Will. The suspicions arising from the will being prepared by and in favour of George were not dispelled. There was insufficient evidence of undue influence, but the lack of capacity and knowledge and approval were determinative.

Court Disposition

Probate of the 1995 Will revoked; letters of administration to be granted to Frank Michael Wilkes.

Orders

  • Revocation of probate of the 1995 Will dated 21 April 1995.
  • Grant of letters of administration of the Testatrix's estate to Frank Michael Wilkes.