WILBERFORCE vs. WILBERFORCE

JUDGEMENT Heward-Mills J. The plaintiff is seeking a declaration that the will of his late father, Thomas Graham Wilberforce, dated 11 March 1997 is null and void. He wants an order restraining the defendants, who are the executors, from giving effect to the will. The father had during a visit to Cape Coast from Accra, been taken ill and admitted into hospital on 9 March 1997. The plaintiff contends that the will executed two days after the admission is null and void because his father had been diagnosed as “not in control of his mental faculties to appreciate and/ or give instructions.” The will therefore had been obtained by fraud. The defence deny the allegations of lack of mental capacity and fraud. The will had been prepared in accordance with instructions handwritten by the father (exhibit Al) and a typed draft approved by the father. They rely on due execution of the final will. The issues set down for trial are: (1) Whether the deceased could be said to be...