Carol Frances Gowing & Ors v Terence Arthur Ward & Anor

Carol Frances Gowing & Ors v Terence Arthur Ward & Anor

The 2018 Will was duly executed by Frederick Ward, who had testamentary capacity and knew and approved its contents. The will was rational, and there was no credible evidence of undue influence or fraudulent calumny by the defendants. The claimants failed to discharge the burden of proof to invalidate the will. The claim is dismissed.

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
11 October 2024
Procedural Posture
Probate / Judgment After Trial
Outcome
Claim dismissed
Legal Topics
Testamentary Capacity, Knowledge and Approval, Undue Influence, Fraudulent Calumny, Revocation of Grant of Probate
Succession Probate Wills and Estates Testamentary Capacity Knowledge and Approval Undue Influence Fraudulent Calumny Revocation of Grant of Probate

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 / Judgment After Trial

Legal Issues

  1. 1 Whether the 2018 Will of Frederick Ward was invalid due to lack of testamentary capacity, want of knowledge and approval, undue influence, or fraudulent calumny; whether the grant of probate in favour of the defendants should be revoked.

Ratio Decidendi

The 2018 Will was duly executed by Frederick Ward, who had testamentary capacity and knew and approved its contents. The will was rational, and there was no credible evidence of undue influence or fraudulent calumny by the defendants. The claimants failed to discharge the burden of proof to invalidate the will. The claim is dismissed.

Court Disposition

Claim dismissed

Orders

  • The claim is dismissed.
  • No revocation of the grant of probate.