Siân Hodgson discusses the tactics employed in Tociapski v Tociapski ‘Tociapski v Tociapski may act as a warning to potential defendants who may be considering whether or not to actively take part in proceedings.’ Following a person’s death, there may be a dispute about whether that person’s last will is valid. Relatives or close friends …
Continue reading "Wills: Challenging the validity of a will"
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Wills & Trusts Law Reports | December 2013 #135The claimant and defendant are the two sons of Mr Igor Tociapski (the deceased), who died on 12 March 2010 and had made a will dated 20 June 2007 and a later will dated 13 May 2009 (the 2009 will). The 2007 will shared the estate between the two sons. The 2009 will gave the entire estate to the defendant. By a transfer dated 12 February 2010 (the transfer), the deceased gave to the defendant a property known as Hillcrest Cottage, in Northamptonshire.
The claimant sought to set aside the 2009 will on the grounds that the deceased did not know and approve its contents alternatively...
