Smart Phone Video Recordings Form Vital Evidence In Will Challenge Trial

The defendants, represented by VWV, successfully defended all claims following a five day trial. The outcome turned on crucial video evidence of the testator, which was found to capture her level of understanding and robustness of character and mind.

Will challenges brought on the grounds of lack of capacity, want of knowledge and approval and undue influence/fraudulent calumny are notoriously difficult to prove. In the absence of contemporaneous evidence, judges often have to rely on the evidence of expert witnesses, who very often have not met or medically examined the testator during their lifetime, and whose evidence will often be conflicting, as in this case.

The Will

The Testator (N), died in 2017 at the age of 94, leaving behind three sons. Her eldest son had three daughters, who became involved in a battle with their two uncles over N's last Will and her only asset of commercial value - her flat.