Validity of wills, testamentary capacity and undue influence

We acted on behalf of William Osenton, who was executor of his late mother's estate, in relation to a dispute between his three brothers regarding the validity of their mother's will.

Two of his brothers, Frederick and Michael, claimed that their mother's will was invalid. There were three grounds to their claim. Firstly, they claimed that she lacked testamentary capacity to make the will. Secondly, they claimed that she had agreed to make a mutual will with their father on different terms and, thirdly, they claimed that she had been unduly influenced by their other brother, Richard.

Richard, who was the residuary beneficiary of the mother's will, sought to defend her will.

The court found that the mother's last will in favour of Richard was valid and therefore our client was able to continue the administration of the estate on the basis of that will.

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