Gowing & Ors v Ward & Anor [2024] EWHC 347 (Ch) (26 February 2024)

Gowing & Ors v Ward & Anor [2024] EWHC 347 (Ch) (26 February 2024)

On balance of probabilities, Frederick Ward had testamentary capacity when executing the 2018 Will. There is insufficient evidence of undue influence or fraudulent calumny. The 2018 Will was validly executed and reflects Fred's changed intentions. The grant of probate in favour of the defendants stands.

Citation
[2024] EWHC 347 (Ch)
Parties
Claimant: Carol Frances Gowing; Claimant: Angela St Marseille; Claimant: Amanda Barbara Higginbotham; Claimant: Christine Ward; Claimant: Janet Pett; Defendant: Terence Arthur Ward; Defendant: Susan Wiltshire
Jurisdiction
England and Wales
Judgment Date
26 February 2024
Procedural Posture
Probate Claim / Judgment After Trial
Outcome
Claim dismissed
Legal Topics
Testamentary Capacity, Undue Influence, Fraudulent Calumny, Revocation of Probate, Moral Claims on Estate
Probate Trusts Property Testamentary Capacity Undue Influence Fraudulent Calumny Revocation of Probate Moral Claims on Estate

Case Brief

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Parties

Carol Frances Gowing

Claimant

Angela St Marseille

Claimant

Amanda Barbara Higginbotham

Claimant

Christine Ward

Claimant

Janet Pett

Claimant

Terence Arthur Ward

Defendant

Susan Wiltshire

Defendant

Procedural Posture

Probate Claim / Judgment After Trial

Legal Issues

  1. 1 Whether the 2018 Will of Frederick Ward was valid
  2. 2 Whether Frederick Ward had testamentary capacity when executing the 2018 Will
  3. 3 Whether the 2018 Will was made as a result of undue influence or fraudulent calumny

Ratio Decidendi

On balance of probabilities, Frederick Ward had testamentary capacity when executing the 2018 Will. There is insufficient evidence of undue influence or fraudulent calumny. The 2018 Will was validly executed and reflects Fred's changed intentions. The grant of probate in favour of the defendants stands.

Court Disposition

Claim dismissed

Orders

  • The 2018 Will is upheld as valid.
  • Grant of probate to defendants is not revoked.