Chimelu v Egemonye & ors (2) [2022] WTLR 23

Wills & Trusts Law Reports | Spring 2023 #190

The claimant had been married to the deceased for 11 years. The deceased took her own life on 11 April 2017. The claimant and the first and second defendants, the deceased’s siblings, were appointed executors of the deceased’s 2015 will. Probate was granted in April 2018.

On 27 August 2019, the claimant was removed as an executor of the 2015 will by the court. The claimant brought a claim under the Inheritance (Provision for Family and Dependants) Act 1975 against the estate of the deceased on 21 November 2019, which was opposed by the first and second defendants. The thi...

Colbourne v Cooke & ors [2023] WTLR 43

Wills & Trusts Law Reports | Spring 2023 #190

On 13 May 2022 the applicant made an application by form N244 seeking permission to issue a claim under the Inheritance (Provision for Family and Dependants) Act 1975 (the 1975 Act) out of time, pursuant to s4 of that Act. A grant of probate had been made on 20 September 2021, and so the period of six months from grant expired on 20 March 2022. The evidence in support of the application exhibited a draft Part 8 claim form and witness statement, unissued.

The explanation for the delay was a technological malfunction in the applicant’s solicitors’...