In December last year, the High Court upheld the Will of a testator executed on his death-bed, leaving everything to his long-term partner, whom he married days before his death. The testator in Wharton - v - Bancroft & Others [2011] EWHC (Ch) 3250 made his Will in contemplation of marriage and left everything to his partner with no provision for his children or grandchildren.
The deceased's three daughters (two from a previous marriage and one from a previous relationship), challenged the Will on a number of grounds, however by the time of the trial the focus of their claim was that the Will was obtained by the undue influence of their father's long-term partner.
The deceased was a leisure centre entrepreneur whose estate was worth approximately £4million. He had been in a relationship with his partner for 32 years at the time of his death. In his judgment, Mr Justice Norris outlined that the deceased had been mindful of the tax savings that could be gained by marrying his long-term partner with whom he had built up the business. Whilst the testator had been very ill towards the end of his life, Mr Justice Norris ruled that his last Will represented his last wishes and that he was a free and competent testator.
This case is the latest in a long line of challenges to Wills by a testator's family members which have attracted the interest of the national media. We receive a number of queries from people who suspect that their friends or family members may have been unduly influenced, lacked the requisite knowledge and approval or did not have sufficient capacity to make and execute a Will.
If you would like any further information on this case or any other matter regarding Will challenges, please contact Jenna Drennan, a solicitor in our Private Client team, on 0117 314 5642.
This publication is for guidance only. Reliance should not be placed upon it and nor should action be taken, without obtaining advice in respect of the specific circumstances applicable. We will be pleased to provide such advice or assistance.
