Rita Rea v Remo Rea & Ors

Rita Rea v Remo Rea & Ors

The court found that, although Anna Rea had testamentary capacity and knew and approved the contents of the 2015 Will, the evidence established that Rita Rea exercised undue influence over her mother, overpowering Anna's volition and procuring the 2015 Will in her favour. The circumstances, including Anna's vulnerability, dependency on Rita, the timing and secrecy of the new will, and Rita's lack of candour, led to the conclusion that the 2015 Will did not reflect Anna's true intentions. The 2015 Will was set aside for undue influence and the 1986 Will was admitted to probate.

Parties
Claimant: Rita Rea; Defendant: Remo Rea; Defendant: Nino Rea; Defendant: David Rea
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Contested Probate Claim / Retrial After Court of Appeal Ordered New Trial
Outcome
The 2015 Will is set aside for undue influence; the 1986 Will is admitted to probate in solemn form; the existing grant of probate in respect of the 2015 Will is revoked.
Legal Topics
Testamentary Capacity, Knowledge and Approval, Undue Influence, Fraudulent Calumny, Revocation of Probate
Probate Wills and Succession Trusts Testamentary Capacity Knowledge and Approval Undue Influence Fraudulent Calumny Revocation of Probate

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Parties

Rita Rea

Claimant

Remo Rea

Defendant

Nino Rea

Defendant

David Rea

Defendant

Procedural Posture

Contested Probate Claim / Retrial After Court of Appeal Ordered New Trial

Legal Issues

  1. 1 Whether the 2015 Will of Anna Rea should be admitted to probate instead of the 1986 Will
  2. 2 Whether Anna Rea had testamentary capacity when making the 2015 Will
  3. 3 Whether Anna Rea knew and approved the contents of the 2015 Will

Ratio Decidendi

The court found that, although Anna Rea had testamentary capacity and knew and approved the contents of the 2015 Will, the evidence established that Rita Rea exercised undue influence over her mother, overpowering Anna's volition and procuring the 2015 Will in her favour. The circumstances, including Anna's vulnerability, dependency on Rita, the timing and secrecy of the new will, and Rita's lack of candour, led to the conclusion that the 2015 Will did not reflect Anna's true intentions. The 2015 Will was set aside for undue influence and the 1986 Will was admitted to probate.

Court Disposition

The 2015 Will is set aside for undue influence; the 1986 Will is admitted to probate in solemn form; the existing grant of probate in respect of the 2015 Will is revoked.

Orders

  • Pronounce against the 2015 Will and in favour of the 1986 Will in solemn form of law.
  • Revoke the existing grant of probate in respect of the 2015 Will.