ark_kaurChD10
References: [2010] EWHC 2314 (Ch)
Links: Bailii
Coram: Cooke J
Ratio: The proponents sought to have the will (executed in India) admitted to probate. The daughters denied that he had executed it. The court heard detailed explanations of the procedures said to have been undertaken for the making and execution of the will in the Punjab.
Held: The will had been properly executed under both UK and Indian law, and had been executed with full knowledge. As to the allegation of undue influence, there was no sufficient and reliable evidence either direct or indirect to establish coercion. Nor could the will be construed so as only to refer to the properties in India. The will was to be admitted.
This case cites:
- Cited – Wingrove v Wingrove ([1885] 11 PD 81)
To establish the presence of undue influence it is not enough to establish that a person has the power to overbear the will of the testator. It must be shown that the will was a result of the exercise of that power
Sir James Hannen said: ‘To . . - Cited – In re Good, deceased; Carapeto v Good and Others ChD (Times 22-May-02, Gazette 07-Jun-02, (2002) WTLR 801, [2002] All ER 141, [2002] EWHC 640)
The normal rules as to costs contained in the CPR should also be followed in probate actions save only that the judge should also take account of the guidance in the Spiers case, where an alternative costs order might be made if the testator or . . - Cited – Hall v Hall ([1868] LR 1 PandD 481)
Even a reprehensible placing of pressure on a testator will not always be undue influence so as to avoid the will: ‘To make a good will a man must be a free agent. But all influences are not unlawful. Persuasion, appeals to the affection or ties of . . - Cited – Tyrell v Painton CA ([1894] P 151)
The proposed will had been made by the testatrix when ill. She had signed a first will two days earlier. Her doctor said she was exhausted and was drowsy and had complained to her. The treating doctor that she had been disturbed by the introduction . .
(This list may be incomplete)
Last Update: 22 December 2018
Ref: 424102
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