Franks v Sinclair & Ors

Franks v Sinclair & Ors

Mr Franks failed to establish, on the balance of probabilities, that Mrs Franks knew and approved the contents of the 1994 will. The circumstances raised significant suspicion, and Mr Franks' evidence was not credible. There was no evidence of any change in Mrs Franks' intentions or relationships that would explain the change in beneficiaries. The 1992 will reflected her longstanding intentions and close relationship with Jonathan.

Parties
Claimant: Morley Lionel Bowman Franks; Defendant: Jonathan Sinclair; Defendant: David Sinclair; Defendant: Ann Sinclair
Jurisdiction
England and Wales
Judgment Date
21 December 2006
Procedural Posture
Probate / Judgment After Trial
Outcome
Claim dismissed; 1992 will pronounced valid
Legal Topics
Testamentary Capacity, Knowledge and Approval of Will, Undue Influence, Professional Conduct of Solicitors
Succession Probate Testamentary Capacity Knowledge and Approval of Will Undue Influence Professional Conduct of Solicitors

Case Brief

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Parties

Morley Lionel Bowman Franks

Claimant

Jonathan Sinclair

Defendant

David Sinclair

Defendant

Ann Sinclair

Defendant

Procedural Posture

Probate / Judgment After Trial

Legal Issues

  1. 1 Whether Mrs Jennie Franks knew and approved the contents of the 1994 will
  2. 2 Whether the 1994 will should be admitted to probate
  3. 3 Whether the 1992 will should be pronounced valid

Ratio Decidendi

Mr Franks failed to establish, on the balance of probabilities, that Mrs Franks knew and approved the contents of the 1994 will. The circumstances raised significant suspicion, and Mr Franks' evidence was not credible. There was no evidence of any change in Mrs Franks' intentions or relationships that would explain the change in beneficiaries. The 1992 will reflected her longstanding intentions and close relationship with Jonathan.

Court Disposition

Claim dismissed; 1992 will pronounced valid

Orders

  • Relief sought by Mr Franks refused
  • 1992 will of Mrs Jennie Franks pronounced for force and validity