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Permission to Appeal Refused

The Court Of Appeal refused permission for any further appeals over a disputed Will.

In the dispute, an estate valued at £1.1million had previously seen the carer of one of the family (a disabled brother) benefit from 95% of the bequest – a decision subsequently overturned.

David Poole, 46 died in March 2013, but a Will which was drawn up just a few weeks before his death left 95% of his Estate of £1.1M to his Carer, Mark Everill.
Mr Everill was appointed to him as a “supporting landlord” by Worcestershire Court Council in 1993.  Mr Poole was assigned the Carer after suffering head injuries and reduced use of limbs following a motorcycle accident in 1985 and was later awarded damages worth more than £1M.  Mr Poole’s family were forced to go to the High Court after they challenged the validity of the Will in which they received nothing, but would have received a share with a number of charities if a former Will was proven.
Judge David Cooke ruled in their favour after a 6-day hearing where Mr Everill had failed to show that Mr Poole knew and approved the terms of the Will.  The Judge also ruled that Mr Poole did not understand what he was doing so the Will was not truly representing his intentions.  Mr Poole was prone to suggestibility and to being led by those close to him that he was satisfied the Mr Everill used his relationship to isolate him.  The family stated that the Will was never their brother’s true wishes. An earlier Will which left 60% to various charities and the balance to the family from an earlier Will, will now be proven.
Mr Everill’s has applied for permission to appeal, but this has been refused by the Court of Appeal.
This case shows that Wills should be drafted by a solicitor who will have safeguards in place to ensure the Testator’s true intentions are followed.
For further information, please contact our Private Client Team 0800 088 6004