Ball & Ors v Ball & Ors [2017] EWHC 1750 (Ch) (02 August 2017)

Ball & Ors v Ball & Ors [2017] EWHC 1750 (Ch) (02 August 2017)

The will was not invalid for lack of testamentary capacity or undue influence. The testatrix was not suffering from any mental or physical illness or insane delusion, nor was she acting under undue influence. The exclusion of the claimants was a rational decision in the circumstances. The claimants, as adult children living independently, were not entitled to reasonable financial provision under the 1975 Act.

Citation
[2017] EWHC 1750 (Ch)
Parties
Claimant: Nigel Ball; Claimant: Debra Churchward; Claimant: Barbara Briers; Defendant: Stephen Ball; Defendant: David Ball; Defendant: Sharon Ferry; Defendant: Elaine Roebuck; Defendant: Michelle Ball; Defendant: Stuart Ball; Defendant: Kevin Ball; Defendant: Cheryl Monaghan; Defendant: Mark Ball
Jurisdiction
England and Wales
Judgment Date
02 August 2017
Procedural Posture
Probate Claim and Claim Under Inheritance (provision for Family and Dependents) Act 1975 / Trial Judgment
Outcome
Claim dismissed
Legal Topics
Testamentary Capacity, Undue Influence, Reasonable Financial Provision, Inheritance (provision for Family and Dependents) Act 1975
Wills and Probate Family Law Testamentary Capacity Undue Influence Reasonable Financial Provision Inheritance (provision for Family and Dependents) Act 1975

Case Brief

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Parties

Nigel Ball

Claimant

Debra Churchward

Claimant

Barbara Briers

Claimant

Stephen Ball

Defendant

David Ball

Defendant

Sharon Ferry

Defendant

Elaine Roebuck

Defendant

Michelle Ball

Defendant

Stuart Ball

Defendant

Kevin Ball

Defendant

Cheryl Monaghan

Defendant

Mark Ball

Defendant

Procedural Posture

Probate Claim and Claim Under Inheritance (provision for Family and Dependents) Act 1975 / Trial Judgment

Legal Issues

  1. 1 Whether the will of Barbara Olive Ball was invalid for lack of testamentary capacity or undue influence
  2. 2 Whether the claimants are entitled to reasonable financial provision under the Inheritance (Provision for Family and Dependents) Act 1975

Ratio Decidendi

The will was not invalid for lack of testamentary capacity or undue influence. The testatrix was not suffering from any mental or physical illness or insane delusion, nor was she acting under undue influence. The exclusion of the claimants was a rational decision in the circumstances. The claimants, as adult children living independently, were not entitled to reasonable financial provision under the 1975 Act.

Court Disposition

Claim dismissed

Orders

  • The will of Barbara Olive Ball dated 27 May 1992 is valid and to be admitted to probate.
  • The claim under the Inheritance (Provision for Family and Dependents) Act 1975 is dismissed.