Ark and Others v Kaur and Others: ChD 17 Sep 2010

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.

Cooke J
[2010] EWHC 2314 (Ch)
England and Wales
CitedWingrove v Wingrove 19-Nov-1885
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 . .
CitedIn re Good, deceased; Carapeto v Good and Others ChD 19-Apr-2002
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 . .
CitedHall v Hall 1868
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 . .
CitedTyrell v Painton CA 1894
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 . .

Lists of cited by and citing cases may be incomplete.

Wills and Probate

Updated: 05 January 2022; Ref: scu.424102