Oliver v Oliver [2024] EWHC 2289 (Ch) (09 September 2024)

Oliver v Oliver [2024] EWHC 2289 (Ch) (09 September 2024)

The 2015 will is invalid due to lack of testamentary capacity and undue influence exerted by Rodney William Oliver. The evidence established William Oliver was dependent on Rodney, isolated from other children, and influenced by false allegations against siblings. The GP's capacity assessment lacked objective testing. The earlier 2009 will, providing equal shares to surviving children, is admitted to probate. The Inheritance Act claim does not arise as the 2015 will is invalid.

Citation
[2024] EWHC 2289 (Ch)
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 / Final Judgment After Trial
Outcome
The 2015 will is declared invalid. The 2009 will is admitted to probate in solemn form. The Inheritance Act claim is dismissed as not arising.
Legal Topics
Will Validity, Testamentary Capacity, Undue Influence, Fraudulent Calumny, Reasonable Financial Provision, Inheritance (provision for Family and Dependants) Act 1975
Probate Trusts Inheritance Family Law Will Validity Testamentary Capacity 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 / Final Judgment After Trial

Legal Issues

  1. 1 Whether the will dated 14 September 2015 is valid under section 9 of the Wills Act 1837
  2. 2 Whether William Oliver had testamentary capacity at the time of execution
  3. 3 Whether the will was procured by undue influence or fraudulent calumny

Ratio Decidendi

The 2015 will is invalid due to lack of testamentary capacity and undue influence exerted by Rodney William Oliver. The evidence established William Oliver was dependent on Rodney, isolated from other children, and influenced by false allegations against siblings. The GP's capacity assessment lacked objective testing. The earlier 2009 will, providing equal shares to surviving children, is admitted to probate. The Inheritance Act claim does not arise as the 2015 will is invalid.

Court Disposition

The 2015 will is declared invalid. The 2009 will is admitted to probate in solemn form. The Inheritance Act claim is dismissed as not arising.

Orders

  • Declaration that the will dated 14 September 2015 is invalid
  • Order admitting the will dated 2 October 2009 to probate in solemn form