Poole vs Everall precedent?

[Pacemaker100]

In a position very similar to above case
elderly vulnerable man of easy persuasion alienated deliberately by carer who prepares Will and makes themselves sole beneficiary.
in above case judge puts onus on carer to prove what they wrote was understood and approved. Also notes extra vigilance court applies when main beneficiary benefits when testator is reliant on them?
have plenty of evidence including witness statements
thanks

[echat11]

Is the question, is the case similar to the one you quoted in the subject line?

[Pacemaker100]

Is the question, is the case similar to the one you quoted in the subject line?

Yes, almost identical in places

got these couple judgements

Mr Everall was Mr Pooles carer who wrote the Will appointing himself the main beneficiary.

The Judge concluded that Mr Everall fell far short of being able to establish that Mr Poole knew and approved of the will's contents.

Also the judge referred to the heightened vigilance that the court will employ where the will is drawn and elicited by the main beneficiary especially where the individual is vulnerable and suggestible and dependent on that person.

[echat11]

I think your brief summary in the initial post needs to be expanded on, things like time lines etc. are missing, e.g. the carer XXXXXXX knew XXXXXXX for so many years etc.

[Pacemaker100]

I think your brief summary in the initial post needs to be expanded on, things like time lines etc. are missing, e.g. the carer XXXXXXX knew XXXXXXX for so many years etc.

will do but need to do some personal redacting first

can you tel me how you interoperate the judges responses?
I read it that as the carer wrote the Will the judge ruled it was up to them to prove the testator understood and approved it’s content?
Following other thread on here decided mental capacity was a no go. In the above case judge also confirmed Will was legal despite brain damage.
came across this case as so many similarities

[Pacemaker100]

Any comments please?

[echat11]

You wrote 'will do but need to do some personal redacting first', then go onto ask questions.

Clearly somethings are the same, but not all, each case is different, each case has it's strengths and weaknesses. All you can do is put your case together with the best evidence possible. Important factors are things like how long did the carer know the 'elderly vulnerable man', e.g. big difference between 5 minutes and 10 years, did they visit him every day? etc.

The Judge / Court will clearly give more weight to the 10 years.

The case you quoted will have summaries, but also opinions, so that information is out there.

[Pacemaker100]

This is a good synopsis of the case that we believe has similarities……

1. In cases where the will had been prepared by, or on the instructions of, a person who stands to benefit under it, the court will require particularly convincing evidence that the testator knows and approves of the contents of the will. The vigilance of the court was engaged where a vulnerable and suggestible person who had impaired capacity made a will in which a large portion of his estate is given to a person upon whom he had been dependent for his care. This was particularly the case where the will had been drafted by the same person and not apparently discussed with anyone else except the carer’s partner, and where the terms of the will are a departure from previously expressed and long-established testamentary intention.
2. 6) The testator was vulnerable to suggestion and had difficulty recalling those whom he intended to benefit without being reminded. Accordingly, the court could not be satisfied that he truly understood and intended the terms of the will unless relevant matters had been drawn to his attention. These included the fact that the new will removed previous gifts to family and charities and significantly reduced a gift to his partner. On the balance of probabilities, the testator did not know and approve of the contents of his will.

[echat11]

If it has similarities that your case has, then you will need to refer to it in your Witness Statement / evidence.

[Pacemaker100]

Will was hand written by carer and handed to solicitor who copied it exactly and was duly excecuted
carer was in possession of existing Will from which they copied 90% of up to naming themselves sole beneficiary replacing five family members. Will probably now destroyed.
statements that testator was vulnerable and easily persuaded also that carer forcibly took control of finances from family and alienated them from testator by Lying and refusing entry..
our case would be the carers Will was not understood and approved by testator as solicitor just confirmed it was correct.
looks to a layman as same as Poole v Everall. Certainly ticks the boxes.
btw carer was testators hairdresser and think they took it on themselves to be carer

[echat11]

Will was hand written by carer and handed to solicitor who copied it exactly and was duly excecuted
carer was in possession of existing Will from which they copied 90% of up to naming themselves sole beneficiary replacing five family members. Will probably now destroyed.
statements that testator was vulnerable and easily persuaded also that carer forcibly took control of finances from family and alienated them from testator by Lying and refusing entry..
our case would be the carers Will was not understood and approved by testator as solicitor just confirmed it was correct.
looks to a layman as same as Poole v Everall. Certainly ticks the boxes.
btw carer was testators hairdresser and think they took it on themselves to be carer

I understand, evidence is the key, gather as much as you can, saying this is what I think happened is o.k., but you need to prove it.

Things like medical reports, medication, social services, make enquries with neighbours etc.

[Pacemaker100]

I understand, evidence is the key, gather as much as you can, saying this is what I think happened is o.k., but you need to prove it.

Things like medical reports, medication, social services, make enquries with neighbours etc.

can prove all said from witnesses and carers own notes. Have requested finances from executor as believe this will show misappropriation of funds. Don’t know if they will supply it though? Medical records already obtained, can see carer failed to respond to requests for memory tests

[echat11]

can prove all said from witnesses and carers own notes. Have requested finances from executor as believe this will show misappropriation of funds. Don’t know if they will supply it though? Medical records already obtained, can see carer failed to respond to requests for memory tests

You need to show that you requested finances, make sure letters are sent as registered post, so you can prove they were sent but ignored, might be an idea to try twice.

https://www.thegazette.co.uk/all-notices/content/102309

[Pacemaker100]

You need to show that you requested finances, make sure letters are sent as registered post, so you can prove they were sent but ignored, might be an idea to try twice.

https://www.thegazette.co.uk/all-notices/content/102309

was requested via email with read receipt and response as to why we want them
I think the solicitor/executer has realised she made a mistake taking on the Will and lack of diligence. Alarm bells should have gone off when the so called carer handed her her own hand written Will. Plus the condition of the testator at 90 already noting he was deaf, couldn’t read without glasses and relied on lip reading and slow loud words. And never asked if any existing Will
she appears to have gone to ground. Haven’t heard from her since October although she will be soon be notified the caveat has been extended. Don’t see if she can ask for it to be removed given her lack of input.
Don’t know if to also ask her to ask for the existing Will from the carer as we have proof she had it given where it was and she copied most of it. Or save it for court?

[echat11]

was requested via email with read receipt and response as to why we want them
I think the solicitor/executer has realised she made a mistake taking on the Will and lack of diligence. Alarm bells should have gone off when the so called carer handed her her own hand written Will. Plus the condition of the testator at 90 already noting he was deaf, couldn’t read without glasses and relied on lip reading and slow loud words. And never asked if any existing Will
she appears to have gone to ground. Haven’t heard from her since October although she will be soon be notified the caveat has been extended. Don’t see if she can ask for it to be removed given her lack of input.
Don’t know if to also ask her to ask for the existing Will from the carer as we have proof she had it given where it was and she copied most of it. Or save it for court?

I'm assuming she works for a firm of solicitors, no doubt the firm is regulated by the SRA.
The firm she works for will have a complaints procedure, you need to follow the firm's complaints procedure, that will be on their website.

Here is the solicitors code of conduct, has she adhered to the code? 'she appears to have gone to ground' that's something she should be doing.

https://www.sra.org.uk/solicitors/st...ct-solicitors/