Will set aside for lack of testamentary capacity and undue influence (Oliver v Oliver)
Private Client analysis: William Oliver died on 25 May 2018, at the age of 86 years. He was a widower, with five surviving children. The claimant, Jane, was his youngest daughter. She sought to set aside his last Will made in 2015 on the grounds that—a) it did not comply with the formalities to make a Will (see section 9 of the Wills Act 1837); and b) William lacked testamentary capacity when he made that Will; or c) the Will was procured by undue influence. The defendant, Rodney, was William's eldest surviving son and sole beneficiary of the 2015 will. He did not engage with the court process and refused to produce the original of William's penultimate Will, made in 2009. The claim was successful on the ground that William lacked testamentary capacity in 2015. The court also found that the Will was invalid on the ground of undue influence. Written by Alexandra Rogers, managing associate at Foot Anstey LLP.
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