Wharton v Bancroft & Ors (Rev 1)

Wharton v Bancroft & Ors (Rev 1)

The evidence established that George Wharton knew and approved the contents of the 2008 Will, which was executed freely and voluntarily without undue influence, and thus the will is valid.

Parties
Claimant: Maureen Wharton; First Defendant: Timothy John Bancroft; Second Defendant: James William Douglas Bancroft; Third Defendant: Victoria Wharton; Fourth Defendant: Gina Fagan; Fifth Defendant: Amanda Wharton
Jurisdiction
England and Wales
Judgment Date
08 December 2011
Procedural Posture
Probate / Judgment
Outcome
Will pronounced valid; counterclaim dismissed
Legal Topics
Testamentary Capacity, Undue Influence, Knowledge and Approval, Validity of Will, Inheritance Tax
Succession Probate Family Law Testamentary Capacity Undue Influence Knowledge and Approval Validity of Will Inheritance Tax

Case Brief

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Parties

Maureen Wharton

Claimant

Timothy John Bancroft

First Defendant

James William Douglas Bancroft

Second Defendant

Victoria Wharton

Third Defendant

Gina Fagan

Fourth Defendant

Amanda Wharton

Fifth Defendant

Procedural Posture

Probate / Judgment

Legal Issues

  1. 1 Whether the will dated 23 September 2008 was the valid last will of George Wharton
  2. 2 Whether the will was executed with knowledge and approval of the testator
  3. 3 Whether the will was procured by undue influence

Ratio Decidendi

The evidence established that George Wharton knew and approved the contents of the 2008 Will, which was executed freely and voluntarily without undue influence, and thus the will is valid.

Court Disposition

Will pronounced valid; counterclaim dismissed

Orders

  • The 2008 Will is admitted to probate.
  • Counterclaim by the Daughters is dismissed.