Jurisdiction(s):
United Kingdom

Oliver v Oliver: 2015 Will set aside for lack of testamentary capacity and undue influence; due execution challenge failed; 2009 Will reconstituted and admitted to probate (England and Wales)

Published on: 04 November 2024

Published by a LexisNexis Private Client expert

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Article summary

Oliver v Oliver [2024] EWHC 2289 (Ch) What are the practical implications of this case?

This judgment stands as an uncommon instance of a Will being set aside for both want of testamentary capacity and undue influence despite professional preparation, the court having the testator’s recorded instructions, and a certificate obtained from the testator’s GP. It merits close reading for its survey of authority and its demonstration of the application of legal principles in real cases, including where a defendant declines to engage with the proceedings. The court concluded that William lacked testamentary capacity after a detailed evaluation of his medical notes (including a post-mortem), expert opinion from a Consultant in Old Age Psychiatry, and witness evidence. Although a determination on undue influence was not required, the reasoning still provides a helpful illustration of a successful claim. Jane adduced substantial material evidencing Rodney’s domination of William, which encompassed restricting his contact with other relatives and influencing his medical treatment. Rodney induced William to cease his prescribed treatment and instead to ingest his own urine and to purge using hydrogen peroxide. It therefore serves as a cautionary reminder of the evidential rigour required even where safeguards appear already firmly in place...

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