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ARTICLE · 16 DECEMBER 2024

Invalidating A Will Due To Undue Influence

The High Court invalidated a will due to undue influence and lack of testamentary capacity, highlighting extreme dependency and control by a beneficiary. The case underscores stringent standards for mental capacity and evidence of dominance in will disputes.

United KingdomFamily and Matrimonial

In a rare occurrence, the High Court invalidated a will due to undue influence.

Background:

Mr. William Oliver had five surviving children and passed away in May 2018. He and his wife June executed mirror wills in 1985 and 2009 following the death of their eldest son who had Down Syndrome. The 2009 will divided their estate equally between the siblings following their death and was in the custody of Rodney. June passed away in October 2014. After June's death, William's personality changed. He was June's executor, yet made no decisions, leaving everything to Rodney.

William became almost completely dependent upon Rodney, who controlled what he ate and drank, what medicines he took, and who had access to him. His dependency was such that, when Rodney was not present, he asked continually to know where Rodney was and appeared lost if he did not know. He also suffered a heart attack in 2005 and was diagnosed in 2010 with extensive small vessel arterial disease in

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