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State of play: wills and probate

Jonathan Riley looks at Schrader v Schrader [2013] EWHC 466 (Ch)

7 June 2013

The case concerned Jessica Schrader, who had two sons, Nick and Bill. On 12 April 2006, she made a will in which she left certain specific requests of minor items to grandchildren and others. Jessica also left her home (Southend Farm House) to her son Nick and ?the residue of her estate to Nick ?and Bill equally.

Jessica died aged 98 on 21 January 2008. She had made a previous will, executed on 1 October 1990, which contained small bequests, made no specific gift of Southend Farm House and gave the residue to her two sons equally. Therefore, the effect of the will made in 2006 was to give Nick the whole, rather than half the value of the house, and to deprive Bill of his half.

The will signed in 2006 was challenged by Bill. He claimed Jessica lacked capacity, the knowledge and approval of...

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