Taylor Emmet’s Wills and Trusts Disputes team win Sharpe v Dyson case

28.10.2022

Taylor Emmet’s Wills and Trusts Disputes team win Sharpe v Dyson case

by Taylor Emmet

Led by Partner Alex Watkinson, Taylor Emmet’s Wills and Trusts Disputes team won the ‘Sharpe v Dyson’ case, after a four-day trial.

The team acted for Sharon Sharpe, who successfully claimed that a Will made by the partner of her late sister was valid.

Her late sister’s children claimed the Will was invalid because of what is known as ‘fraudulent calumny’.

Alex said: “At Taylor Emmet, we pride ourselves on getting our clients the best results every time. We wanted to get justice for Sharon Sharpe, and we’re delighted to say that we have.

“We ensured that the process was as straightforward as possible, that we retrieved the correct details and that we built a strong case ahead of the trial.”

Alex talks through the legal process of the case.

“The team held an initial meeting with her where they took initial instructions. We gathered evidence from various sources including the solicitors who prepared the Will, the police, social services, and various witnesses. We prepared the legal arguments and prepared the particulars of claim and the reply and defence to counterclaim.

“The team contacted the witnesses and took statements from them, prepared, and collated the disclosure and prepared the trial bundle. We liaised with the client throughout and advised her about the merits of her claim and on offers made by the other side.”

The case led to that, ultimately, the allegations made by the other side about Sharon Sharpe were not found by the judge, who was critical of the other side’s evidence. The full transcript of the Sharpe v Dyson (2022) EWHC 2462 judgement is available here: https://www.bailii.org/ew/cases/EWHC/Ch/2022/2462.html

It’s important to know when a Will can be declared invalid.

You should be aware of the following:

  • A person makes statements or representations to another person
  • About the character of a third person
  • Knowing those statements are untrue or being reckless as to whether they are true or not
  • With the intention of inducing the person to change their Will
  • Those statements were the only reason the person changed their Will

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