Lessons from Middleton v Boorman: Knowledge and Approval of Wills

By Brabners LLP

06 Jan 2021

pexels-andrea-piacquadio-3760514.jpg

Lord Neuberger stated in the 2010 case of Gill v Woodall that "…a court should be very slow to find that a will does not represent the genuine wishes of the testatrix simply because its terms are surprising, inconsistent with what she said during her lifetime, unfair, or even vindictive or perverse."

The Court found that a Will made in 2014 did not in fact represent the testator’s genuine wishes in the 2020 case of Middleton v Boorman.  There was no challenge to the Will based on lack of capacity or undue influence but the Court held the Will not to be valid because the person signing it, the late Beatrice Cole, did not know and approve the terms the Will contained.  The Will provided relatively small gifts totalling £16,000 to four of Beatrice’s children, with the remainder of the estate estimated at around £184,000 being left to her daughter Linda.

The following issues, described as a “tug of war” by the judge, were considered to be relevant:

Bank accounts:

Shortly after the death of Beatrice’s husband, Linda’s son Nicholas had arranged for the opening of an account in the joint names of him and Beatrice.

In January 2015, the Claimants (Beatrice’s four excluded children) then arranged for the opening of a new account in Beatrice’s sole name, with the money in the joint account being transferred into it, effectively giving them control.

Nicholas then arranged for the sole account to be closed and for the monies to be transferred back to the joint account so that he once again had control.

Each time, Beatrice appeared to willingly sign the necessary documents without appreciating the impact of the documents which she had signed.  The judge considered Beatrice to be a trusting person who would sign an important document put in front of her without necessarily considering its detail or effect.

Documents:

Nicholas took Beatrice to the offices of The Will Centre on two occasions in 2015 to try to collect her 2014 Will.  The judge stated Nicholas had “told the Deceased what to so say.”  However, Beatrice “fluffed the lines she had been given by Nicholas” and told The Will Centre she was content for the Will to stay at The Will Centre.

Nicholas subsequently visited The Will Centre alone but was unsuccessful, but then arranged the visit a different firm of solicitors where Beatrice signed a letter of authority authorising the release of the documents from The Will Centre.

Beatrice went from positively confirming that she wanted her Will to stay with The Will Centre to expressly authorising their release within a couple of weeks.

This was considered once again by the judge to be a case of Beatrice being prepared to sign an important document without fulling appreciating the detail and effect because it had been suggested to her by a member of her family.

Powers of Attorney:

Prior to her husband’s death, Beatrice had made Powers of Attorney in favour of two of her children.

In July 2015, during one of her visits to The Will Centre with Nicholas, Beatrice then apparently signed documents revoking those Powers of Attorney.

In early March 2015, during a visit to a different firm of solicitors, Beatrice then signed a new Power of Attorney in favour of Linda.  A few days later, Beatrice was unable to recall the details of what she had very recently signed.

Just over a year later, Beatrice signed a further document revoking the Power of Attorney in favour of Linda.

Once again, the judge found Beatrice was willing to sign whatever important documents were put in front of her by a member of her family without any real appreciation of the detail and effect of what she was signing.

The 2014 Will:

The judge was “troubled” by the solicitor’s attendance note of 25 July 2014 when Beatrice gave instructions for the 2014 Will.

For the first part of the meeting, Nicholas was present and reference was made to Beatrice having fallen out with some of her children and having issues with bank accounts.  For the second part of the meeting, Mr Porter spoke to the Deceased alone.

However, the judge found that as with the accounts and documents, Beatrice appeared to have always been prepared to go along with whatever family member she was with at the time but without necessarily appreciating the detail and effect of what she was doing, including in the meeting in which she actually signed the 2014 Will.

As a result of Beatrice not appreciating the detail and effect of what she was signing, the judge was unable to find that she knew and approved the terms of the 2014 Will.

The judge found Nicholas’s conduct in relation to Beatrice’s finances to be suspicious, but he was not asked to find any wrongdoing within the context of the proceedings.

This case shows the extent to which the Court will consider the idiosyncrasies and habits of a testator and it highlights the need for a person to appreciate the gravity of that act and to ensure that documents are properly read and approved.

If you are seeking to uphold or challenge a Will, it is equally as important to obtain specialist legal advice as soon as possible.

Latest news

1

Planning ahead is key for attracting funding Funding Summit

Planning ahead is key for attracting funding

18 Jun 2026

2

Science in Sport secures £30m-plus backing for growth plans Sir Chris Hoy, chairman of SiS Elite Performance Advisory Panel

Science in Sport secures £30m-plus backing for growth plans

18 Jun 2026

3

BAE Systems commits €50m to European defence start-ups bae-systems-samlesbury.jpg

BAE Systems commits €50m to European defence start-ups

16 Jun 2026

4

David goes from looms to leadership David Collinge

David goes from looms to leadership

16 Jun 2026

5

Force Technology to supply valve springs for Cosworth hypercar engines Steve Williams

Force Technology to supply valve springs for Cosworth hypercar engines

16 Jun 2026

Background image for hub sign up block

LBV Hub

Leverage Lancashire Business View platforms

Post your news
Post your events
Post your offers
Build your network
Improve your SEO
Gain coverage in the magazine
Sign-up
Events
LBV129 July/August Magazine Networking Event
Nov/Dec Networking Event
Networking
16 Jul 2026

LBV129 July/August Magazine Networking Event

Brysdales, Britannia Buildings Drumhead Road, Chorley, PR6 7BX

16:00 - 18:00

LBV130 September/October Magazine Networking Event
Jan/Feb Networking Event - Entrance
Networking
17 Sep 2026

LBV130 September/October Magazine Networking Event

The Beehive Blackburn, Shadsworth Business Park, BB1 2Q

08:30 - 10:30

LBV131 November/December Magazine Networking Event
Jan/ Feb Networking Event - Talking
Networking
19 Nov 2026

LBV131 November/December Magazine Networking Event

Lancashire

08:30 - 10:30

Chamber Business Lunch
LBV Hub Networking
19 Jun 2026

Chamber Business Lunch

Lancaster House Hotel, Lancaster, LA1 4GL

11:00 - 14:00

The Bay Business Club
Logo.jpg.jpg
LBV Hub Networking
22 Jun 2026

The Bay Business Club

Morecambe Football Club, Morecambe, LA4 4TB

17:00 - 19:00

Preston Freelancer Meet-Up: June
June Freelancer Square.png.png
LBV Hub Networking
24 Jun 2026

Preston Freelancer Meet-Up: June

Society1 Coworking Space, Preston, PR1 3LT

10:00 - 12:00

How to manage grievances…with confidence
Logo.jpg.jpg
LBV Hub Seminars
24 Jun 2026

How to manage grievances…with confidence

The Longlands Hotel, Carnforth, LA6 1JH

08:00 - 10:00

Cyber Crime Awareness Event
Logo.jpg.jpg
LBV Hub Seminars
24 Jun 2026

Cyber Crime Awareness Event

Morecambe Golf Club, Morecambe, LA4 6AJ

13:00 - 16:00

How can smarter employee benefits reduce costs and improve staff retention?
Screenshot 2026-05-20 100211.png.png
LBV Hub Roundtables
25 Jun 2026

How can smarter employee benefits reduce costs and improve staff retention?

Forbes Solicitors , Preston, PR5 6AW

08:30 - 10:00

NO Rackets Required - The Ultimate Padel Party
Crowdfunder.png.png
LBV Hub Social
26 Jun 2026

NO Rackets Required - The Ultimate Padel Party

Pendle Padel Club, Nelson, BB9 5SR

16:00 - 00:00

How hackers target SMEs - and how to protect your business
Lancashire_gamesdesign_Feb26-2120.jpg.jpg
LBV Hub Seminars
02 Jul 2026

How hackers target SMEs - and how to protect your business

Engineering Innovation Centre, Preston, PR1 2XS

09:30 - 11:30

The AI Lab: Marketing Multiplier
Event post 03.07.png.png
LBV Hub Seminars
03 Jul 2026

The AI Lab: Marketing Multiplier

Door4, Burnley Wharf, Manchester Road, Burnley, BB11 1JG

09:00 - 11:30

Advertise with us

Reaching 50,000 members, our print, digital and event platforms offer a fantastic way to raise your business profile and help you grow.

Find out more LBV124 Online Graphic
Subscribe now

Weekly news bulletin