PT-2022-000261 - [2025] EWHC 2060 (Ch)
Chancery Division of the High Court

PT-2022-000261 - [2025] EWHC 2060 (Ch)

Fecha: 20-Ago-2025

2015 Will

2015 Will

53.

On 23 May 2017, Damsons responded to a Larke v Nugus request from the first defendant’s then solicitors, Premier Solicitors. This was supplemented in May 2023 by the contemporaneous electronic file notes. From these documents, it is apparent that:

(1)

the initial contact with them was made by Kathleen Quinn, John Quinn’s wife, on 28 July 2014;

(2)

Mrs Quinn set up the payments for the will using Sheila’s debit card; and when it transpired that the debit card had been cancelled, Mr Quinn told Damsons that his wife would set up an alternative form of payment;

(3)

The contact number provided for Sheila was Mr Quinn’s mobile number, and he was with Sheila when she gave her instructions by telephone;

(4)

Sheila initially gave instructions for a will under which Ms West received £10,000 and Mr Quinn the remainder of her estate, and that will was “approved” on 3 September 2014; Mr Quinn was with her during that call;

(5)

On 20 January 2015, Sheila contacted Damsons, again by telephone, to alter the 2014 by removing the gift to Ms West;

(6)

In the file notes, Ms West is referred to as Margaret Carter, suggesting confusion;

(7)

Damsons made no inquiries as to Sheila’s age, which was 86 at the relevant time;

(8)

Sheila told Damsons that she wanted to change her will and leave her estate to Mr Quinn; but they did not explore the reasons with her and took no steps to satisfy themselves that pressure was not being exerted by Mr Quinn on her.

54.

As noted above, Damsons did not arrange the execution of the 2015 will, and there is no evidence as to the circumstances surrounding its execution.