Rea v Rea & Ors

Rea v Rea & Ors

The evidence established 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 Will reflected her genuine intentions and is valid.

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 / Judgment After Trial
Outcome
Claim allowed; counterclaim dismissed
Legal Topics
Testamentary Capacity, Knowledge and Approval, Undue Influence, Fraudulent Calumny, Wills
Succession Probate Testamentary Capacity Knowledge and Approval Undue Influence Fraudulent Calumny Wills

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Parties

Rita Rea

Claimant

Remo Rea

Defendant

Nino Rea

Defendant

David Mark Rea

Defendant

Procedural Posture

Probate / Judgment After Trial

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 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 Will reflected her genuine intentions and is valid.

Court Disposition

Claim allowed; counterclaim dismissed

Orders

  • The 2015 Will is admitted to probate
  • The counterclaim for probate of the 1986 Will is dismissed