Sharon Jane Sharpe v Wayne Terrance Dyson & Anor.

Sharon Jane Sharpe v Wayne Terrance Dyson & Anor.

The Defendants failed to prove that Mrs Sharpe made any false representations to Mr Dale about them, or that any such representations caused him to change his will. Mr Dale acted as a free agent, with capacity, and on independent legal advice. The 2019 will was not procured by fraudulent calumny.

Parties
Claimant: Sharon Jane Sharpe; Defendant: Wayne Terrance Dyson; Defendant: Andrew George Ellis
Jurisdiction
England and Wales
Judgment Date
04 October 2022
Procedural Posture
Probate/contentious Will Dispute / Final Judgment
Outcome
Claim allowed; Defence and Counterclaim dismissed
Legal Topics
Fraudulent Calumny, Testamentary Capacity, Undue Influence, Wills, Grant of Probate
Succession Law Probate Trusts Fraudulent Calumny Testamentary Capacity Undue Influence Wills Grant of Probate

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Parties

Sharon Jane Sharpe

Claimant

Wayne Terrance Dyson

Defendant

Andrew George Ellis

Defendant

Procedural Posture

Probate/contentious Will Dispute / Final Judgment

Legal Issues

  1. 1 Whether the 2019 will of Brian Dale was procured by the fraudulent calumny of Sharon Jane Sharpe
  2. 2 Whether the 2003 will should be propounded instead
  3. 3 Whether the actions of the Defendants justified their disinheritance

Ratio Decidendi

The Defendants failed to prove that Mrs Sharpe made any false representations to Mr Dale about them, or that any such representations caused him to change his will. Mr Dale acted as a free agent, with capacity, and on independent legal advice. The 2019 will was not procured by fraudulent calumny.

Court Disposition

Claim allowed; Defence and Counterclaim dismissed

Orders

  • The Court pronounces for the force and validity of the last will of Brian Dale dated 16 August 2019.
  • A grant of probate is decreed in favour of Sharon Jane Sharpe and Riki Ann Sharpe in solemn form.