CLAIRE LORRAINE WILLIAMS v CATHERINE HILARY WILLIAMS

CLAIRE LORRAINE WILLIAMS v CATHERINE HILARY WILLIAMS

The deceased had testamentary capacity both when she gave instructions for and executed the 2019 Will, and there was no undue influence by Catherine. The 2019 Will was rational, duly executed, and reflected the deceased's intentions. The probate claim fails and the possession claim succeeds.

Parties
Claimant: Claire Lorraine Williams; Defendant/executrix: Catherine Hilary Williams; Defendant: Hanns Webber
Jurisdiction
England and Wales
Judgment Date
01 June 2022
Procedural Posture
Probate/property / Final Judgment
Outcome
Probate claim dismissed; possession claim allowed
Legal Topics
Testamentary Capacity, Undue Influence, Validity of Will, Estate Administration, Possession Proceedings
Probate Property Trusts Testamentary Capacity Undue Influence Validity of Will Estate Administration Possession Proceedings

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Parties

Claire Lorraine Williams

Claimant

Catherine Hilary Williams

Defendant/executrix

Hanns Webber

Defendant

Procedural Posture

Probate/property / Final Judgment

Legal Issues

  1. 1 Whether the deceased had testamentary capacity when making the 2019 Will
  2. 2 Whether the 2019 Will was procured by undue influence
  3. 3 Whether the 2019 Will should be admitted to probate

Ratio Decidendi

The deceased had testamentary capacity both when she gave instructions for and executed the 2019 Will, and there was no undue influence by Catherine. The 2019 Will was rational, duly executed, and reflected the deceased's intentions. The probate claim fails and the possession claim succeeds.

Court Disposition

Probate claim dismissed; possession claim allowed

Orders

  • 2019 Will admitted to probate
  • Possession of 26 Mirador Crescent granted to Catherine Hilary Williams