Toby Bishop describes when a reverse summary judgment in a probate claim may be necessary The Deputy Master concluded the allegations made against Ms Fuirer were so fanciful that they should never have been made. Because of the inquisitorial role of the court and the factual matrix surrounding the preparation and execution of wills, it …
Continue reading "Probate: An unusual occurrence"
This post is only available to members.
Wills & Trusts Law Reports | Autumn 2018 #173The late Lord Templeman (‘the deceased’) died on 4 June 2014 aged 94, leaving a will, dated 22 August 2008 (‘the 2008 Will’). The claimants commenced proceedings seeking an order pronouncing for the validity of the 2008 Will in solemn form. The 1st and 2nd defendants defended the claim on the basis that the deceased lacked testamentary capacity both when he gave his will instructions on 11 August 2008 and when the 2008 Will was executed. They counterclaimed for an order pronouncing for the validity of an earlier will, dated 25 April 2001 (‘the 2001 Will’) and a codicil to it, dated 3 Dec...
