Wilson v Lassman [2018] WTLR 1577

Wills & Trusts Law Reports | Winter 2018 #170

The claimant sought an order pronouncing against the will of his late father Gerald Wilson (the ‘deceased’) dated 9 October 2010, and revoking the grant of probate obtained by the defendant, as executor and sole beneficiary. The claimant contended that the will was not validly executed in compliance with s9 of the Wills Act 1837 (the ‘1837 Act’).

The will had been written, in manuscript by the deceased on a will form and was purportedly attested by two witnesses, Mr Byrne and Mr McKinley. It contained a proper attestation clause. It was not disputed that...

Elliott v Simmonds & anr [2016] EWHC 732 (Ch)

Wills & Trusts Law Reports | October 2016 #163

Kenneth William Jordan (Mr Jordan) died on 4 August 2012 leaving a wife (from whom he was estranged) and two adult children. The claimant was Mr Jordan’s partner during the last years of his life and the first defendant was his daughter from a relationship that predated his marriage. He had previously made a will giving pecuniary legacies to the first defendant and two of his sisters with the residuary estate passing to the claimant. Subsequently, in January 2012, Mr Jordan gave instructions to Mr Mumford (who was his brother-in-law), a solicitor with the firm Melia Mumford, to make a ne...

Singh & ors v Ahluwalia [2012] EWCA Civ 1635

Wills & Trusts Law Reports | March 2013 #127

The testator, Ranjit Singh (D), died in 2009. He had executed a will dated 3 May 1999, naming his eldest son, the claimant (J), as executor and sole beneficiary. The will was attested by two witnesses, Maurice Grantham (G) and Gurdial Ahluwalia (A). D’s daughter, Balvinder Ahluwalia (B), challenged the will on the grounds that the two witnesses had signed it on two separate and distinct occasions at different places. G gave evidence that he had signed the will when D visited his house and he was the only witness present, but he was not able to identify the will when it was shown to...

Ahluwalia v Singh & ors All ER (D) 113

Wills & Trusts Law Reports | January/February 2012 #116

The claimant was the daughter of Mr Gurwak Singh (the deceased), who died on 23 March 2009. The first defendant was the deceased’s son and had obtained a grant of probate of what he claimed was the deceased’s last will, which was dated 3 May 1999.

The claimant brought an action seeking an order for revocation of the grant of probate, pronouncing against the purported will and for the appointment of an independent person to administer the estate. The action was brought on the basis that the purported will had not been properly executed pursuant to s9(c) of the Wills Act...