Randall v Randall [2016] EWCA Civ 494

Wills & Trusts Law Reports | September 2016 #162

This appeal concerned when a party has standing to bring a probate claim. The appellant (H) and respondent (W) were divorced. As part of the divorce settlement, they agreed that if W were to inherit more than £100,000 from her mother, she would keep the £100,000 and the balance would be split equally between H and herself. On her death, W’s mother left £100,000 to W in her will and (after some small specific legacies) the balance of her estate (estimated at £150,000) to W’s children.

H brought a probate claim to challenge the validity of the will alleging that it was n...

Randall v Randall [2014] EWHC 3134 (Ch)

Wills & Trusts Law Reports | January/February 2015 #146

The claimant and defendant, who were divorced, had disposed of their claims for financial provision in their divorce proceedings by a consent order which included the provision that, in the event that the defendant received any property and/or monies from her mother by way of inter vivos gifts and/or inheritance, the defendant would retain the first £100,000 of the sum of any such gifts and/or inheritance and the balance would be divided equally between the defendant and the claimant.

The defendant’s mother died. The deceased’s estate was valued at approximately £250,000, giving t...