The claimant challenged a will alleging lack of capacity, non-approval and undue influence.
Held: Morgan J discussed the standard of proof applicable: ‘The requisite standard is proof on the balance of probabilities but as the allegation of undue influence is a serious one, the evidence required must be sufficiently cogent to persuade the Court that the explanation for what has occurred is that the testator’s will has been overborne by coercion rather than there being some other explanation’
Morgan J
[2011] EWHC 1616 (Ch)
Bailii
England and Wales
Cited by:
Principal judgment – Cowderoy v Cranfield ChD 13-Oct-2011
. .
Cited – Wharton v Bancroft and Others ChD 8-Dec-2011
Mr Wharton anticipated his imminent death. He made a will leaving everything to his long time partner in anticipation of their marriage, married her and died a few days later. The will made no provision for his first wife or their now adult . .
Lists of cited by and citing cases may be incomplete.
Wills and Probate, Undue Influence
Updated: 15 January 2022; Ref: scu.441216