‘Judy bullied me to do it:’ an anguished complaint by a 97 year old widow or words spoken in mischievous jest, the Court of Appeal was asked to decide. The outcome would decide half share of Joan Gorringe’s $1.5 million estate.
Joan died in 2019 aged 101 years. Her final will dated in 2016 leaving all to daughter Judith was challenged by grandchildren Romiley and Ashley, children of Joan’s son Peter. Peter had died suddenly of an aneurysm in November 2015.
The Court of Appeal was told Peter’s sudden death triggered a flurry of legal activity as extended family looked at the status of their then current wills. Peter’s sister Judith was to later give evidence that their mother Joan indicated she also wanted to update her will. Changes made led to allegations of undue influence by Judith.
Nine days after Peter’s death in 2015, Joan signed a new will having the effect of disinheriting Peter’s children who would otherwise have received the half share destined for their father. Joan left the balance of her estate to Judith after cash gifts of $50,000 to each of her grandchildren. Four months later, in 2016, Joan signed a further will which provided that should Judith die before her mother then Judith’s share of Joan’s estate would go in full to Judith’s husband.
The court was told of a conversation Joan had with Peter’s children shortly after Peter’s death. They said Joan told them she had been bullied by Judith into changing her will, cutting them out. They took legal advice, being told they had no right to see Joan’s will whilst she was alive and had to wait until Joan’s death to see what her will said. Three years after Joan’s death, extended family were in court.
Judith denied she had exercised any undue influence over her mother and said that if her mother spoke of being bullied into signing a new will it was merely an example of her common teasing practice of deflecting acknowledgement of a decision she had made. There was no evidence from rest home staff of Judith having bullied her mother.
The Court of Appeal said it is improbable that comments by Joan of being bullied into signing were mischievous. While family are sometimes told in advance terms of a potential inheritance, it is not common to tell someone they have been disinherited. It is more probable than not that the 2015 and 2016 wills were made as a result of Judith’s undue influence, the Court of Appeal ruled. Joan’s age, the fact the 2015 will was drafted before Peter’s funeral, the fact Joan had become increasingly reliant on Judith to handle her personal affairs plus the lack of independent legal advice all indicated undue influence.
The 2015 and 2016 wills were ruled invalid, resulting in Peter’s children inheriting the half share of Joan’s estate that their late father Peter would otherwise have inherited.
Gorringe v. Pointon – Court of Appeal (7.03.23)
23.028