George Wharton was a successful business man, with assets in excess of £4 million. Several days before he died on 26 September 2008, he was diagnosed with terminal cancer and returned on 23 September 2008. On the same day, Mr Wharton signed a Will leaving his entire Estate to his long-term partner and then subsequently married her within one hour. Mr Wharton had 3 children who believed the Will was only obtained through undue influence and that Mr Wharton did not understand the content. Prior to his death, Mr Wharton told several friends (who did not benefit from the Will) that he wanted to ultimately leave substantial assets to his daughters. Mr Wharton also assured his daughter, Vicki, on the same day he signed the Will that she would receive part of his Estate and shortly after signing the Will, told Vicki there was “nothing to worry about and that everything was taken care of”.
The Will which Mr Wharton signed on 23 September 2008 only refers to 2 daughters, not 3, and states the 2 daughters have already received reasonable financial provision, which they had not. Mr Wharton’s wedding was arranged by his partner and his family were not invited to the wedding nor were they made welcome at the funeral.
The matter was heard by His Honour Judge Norris QC in an 8-day trial in July 2011. Judgment is likely to be handed down later this year.
