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’...

Begum v Ahmed [2022] WTLR 1189

Wills & Trusts Law Reports | Winter 2022 #189

The appellant was the widow of Mohammed Yousaf Khan (Mr Khan), who had died on 22 March 2015 without making any financial provision for her under the terms of his last will dated 11 February 2014 (the 2014 will). Instead, Mr Khan had left the entirety of his estate, after payment of debts and expenses, to his daughter and personal representative, the respondent. The appellant, who was elderly and disabled, had lived at 22 Lombard Avenue, Dudley (Lombard Avenue) since 1993.

Probate was granted on 11 April 2016 and solicitors instructed by the respondent wrote demanding possession o...