Cowderoy v Cranfield

Cowderoy v Cranfield

Mrs Blofield had testamentary capacity and knew and approved the contents of her will when she gave instructions on 31st October 2006 and executed it on 13th November 2006. There was no evidence of undue influence by Mr Cranfield. The will was valid and rightly admitted to probate.

Parties
Claimant: Leigh Helen Cowderoy; Defendant: Lionel Steve Cranfield
Jurisdiction
England and Wales
Judgment Date
24 June 2011
Procedural Posture
Probate Dispute / Judgment After Trial
Outcome
Claim dismissed; will upheld as valid.
Legal Topics
Testamentary Capacity, Knowledge and Approval, Undue Influence, Intestacy, Will Validity
Succession Law Probate Testamentary Capacity Knowledge and Approval Undue Influence Intestacy Will Validity

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 13 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Leigh Helen Cowderoy

Claimant

Lionel Steve Cranfield

Defendant

Procedural Posture

Probate Dispute / Judgment After Trial

Legal Issues

  1. 1 Whether Mrs Blofield had testamentary capacity when making the will dated 13th November 2006
  2. 2 Whether Mrs Blofield knew and approved the contents of the will
  3. 3 Whether the will was procured by undue influence

Ratio Decidendi

Mrs Blofield had testamentary capacity and knew and approved the contents of her will when she gave instructions on 31st October 2006 and executed it on 13th November 2006. There was no evidence of undue influence by Mr Cranfield. The will was valid and rightly admitted to probate.

Court Disposition

Claim dismissed; will upheld as valid.

Orders

  • The will of 13th November 2006 is valid and effective.
  • Probate rightly granted to Mr Cranfield.