Schrader v Schrader

Schrader v Schrader

The court found that although Jessica Schrader had testamentary capacity and knew and approved the contents of the 2006 will, the will was procured by undue influence exerted by Nick Schrader. The evidence established that Nick, a dominant personality, took advantage of Jessica's vulnerability and dependency after her fall, and was instrumental in influencing her to leave him the house. The circumstances, including Nick's involvement in the drafting process, his failure to disclose the will, and the lack of credible reasons for the change in testamentary disposition, led to the conclusion that the 2006 will was the result of undue influence and should not be admitted to probate.

Parties
Claimant: Walter Nick Schrader; Defendant: William Stephen Schrader
Jurisdiction
England and Wales
Judgment Date
11 March 2013
Procedural Posture
Probate Action / Judgment After Trial
Outcome
The 2006 will is invalid due to undue influence; probate is granted in favour of the 1990 will.
Legal Topics
Testamentary Capacity, Undue Influence, Knowledge and Approval, Validity of Wills
Succession Probate Testamentary Capacity Undue Influence Knowledge and Approval Validity of Wills

Case Brief

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Parties

Walter Nick Schrader

Claimant

William Stephen Schrader

Defendant

Procedural Posture

Probate Action / Judgment After Trial

Legal Issues

  1. 1 Whether the 2006 will of Jessica Schrader was validly executed with testamentary capacity
  2. 2 Whether Jessica Schrader knew and approved the contents of the 2006 will
  3. 3 Whether the 2006 will was procured by undue influence

Ratio Decidendi

The court found that although Jessica Schrader had testamentary capacity and knew and approved the contents of the 2006 will, the will was procured by undue influence exerted by Nick Schrader. The evidence established that Nick, a dominant personality, took advantage of Jessica's vulnerability and dependency after her fall, and was instrumental in influencing her to leave him the house. The circumstances, including Nick's involvement in the drafting process, his failure to disclose the will, and the lack of credible reasons for the change in testamentary disposition, led to the conclusion that the 2006 will was the result of undue influence and should not be admitted to probate.

Court Disposition

The 2006 will is invalid due to undue influence; probate is granted in favour of the 1990 will.

Orders

  • Pronounce against the 2006 will dated 12th April 2006.
  • Pronounce in favour of the 1990 will dated 1st October 1990.