Jane Oliver v Rodney William Oliver

Jane Oliver v Rodney William Oliver

The 2015 will, though presumed duly executed, was invalid because William Oliver lacked testamentary capacity at the time of execution; he was unable to appreciate the claims of his children due to cognitive impairment and was unduly influenced by Rodney. The 2009 will, being rational and unchallenged, is valid and to be admitted to probate in solemn form. The Inheritance Act claims fall away as the 2015 will is invalid.

Parties
Claimant: Jane Oliver; Claimant: Kevin Lewis Oliver; Defendant: Rodney William Oliver
Jurisdiction
England and Wales
Judgment Date
09 September 2024
Procedural Posture
Probate and Inheritance Act Claims / Judgment After Trial
Outcome
Claim allowed; 2015 will declared invalid; 2009 will admitted to probate in solemn form; Inheritance Act claims dismissed as academic.
Legal Topics
Testamentary Capacity, Due Execution of Wills, Undue Influence, Fraudulent Calumny, Inheritance (provision for Family and Dependants) Act 1975, Probate Procedure
Probate Wills and Succession Trusts Family Law Testamentary Capacity Due Execution of Wills Undue Influence Fraudulent Calumny +2 more

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Parties

Jane Oliver

Claimant

Kevin Lewis Oliver

Claimant

Rodney William Oliver

Defendant

Procedural Posture

Probate and Inheritance Act Claims / Judgment After Trial

Legal Issues

  1. 1 Whether the will dated 14 September 2015 was validly executed under section 9 of the Wills Act 1837
  2. 2 Whether William Oliver had testamentary capacity when executing the 2015 will
  3. 3 Whether the 2015 will was procured by undue influence or fraudulent calumny

Ratio Decidendi

The 2015 will, though presumed duly executed, was invalid because William Oliver lacked testamentary capacity at the time of execution; he was unable to appreciate the claims of his children due to cognitive impairment and was unduly influenced by Rodney. The 2009 will, being rational and unchallenged, is valid and to be admitted to probate in solemn form. The Inheritance Act claims fall away as the 2015 will is invalid.

Court Disposition

Claim allowed; 2015 will declared invalid; 2009 will admitted to probate in solemn form; Inheritance Act claims dismissed as academic.

Orders

  • Declaration that the will dated 14 September 2015 is invalid.
  • Order that the will dated 2 October 2009 be admitted to probate in solemn form (as reconstituted).