Rea v Rea & Ors [2019] EWHC 2434 (Ch) (13 September 2019)

Rea v Rea & Ors [2019] EWHC 2434 (Ch) (13 September 2019)

The evidence established beyond reasonable doubt that Mrs Rea knew and approved the contents of the 2015 Will, acted of her own volition, and was not subject to undue influence or fraudulent calumny. The 2015 Will is valid and should be admitted to probate.

Citation
[2019] EWHC 2434 (Ch)
Parties
Claimant: Rita Rea; Defendant: Remo Rea; Defendant: Nino Rea; Defendant: David Mark Rea
Jurisdiction
England and Wales
Judgment Date
13 September 2019
Procedural Posture
Probate Claim / Trial Judgment
Outcome
Claim allowed; counterclaim dismissed.
Legal Topics
Testamentary Capacity, Knowledge and Approval, Undue Influence, Fraudulent Calumny, Validity of Will
Wills and Probate Trusts and Estates Testamentary Capacity Knowledge and Approval Undue Influence Fraudulent Calumny Validity of Will

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Parties

Rita Rea

Claimant

Remo Rea

Defendant

Nino Rea

Defendant

David Mark Rea

Defendant

Procedural Posture

Probate Claim / Trial Judgment

Legal Issues

  1. 1 Whether Mrs Rea knew and approved the contents of the 2015 Will
  2. 2 Whether the execution of the 2015 Will was procured by undue influence
  3. 3 Whether the 2015 Will was procured by fraudulent calumny

Ratio Decidendi

The evidence established beyond reasonable doubt that Mrs Rea knew and approved the contents of the 2015 Will, acted of her own volition, and was not subject to undue influence or fraudulent calumny. The 2015 Will is valid and should be admitted to probate.

Court Disposition

Claim allowed; counterclaim dismissed.

Orders

  • The 2015 Will is admitted to probate in solemn form.
  • The counterclaim for probate of the 1986 Will is dismissed.