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Probate: Out in the ether
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Probate: Breaking the deadlock
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Probate: When to distribute
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Wilson v Lassman [2018] WTLR 1577
Wills & Trusts Law Reports | Winter 2018 #170The 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...
Adepoju v Akinola [2016] EWHC 3160 (Ch)
Wills & Trusts Law Reports | March 2017 #167This is a claim relating to the estate of Medinat Bola Adepoju (the deceased) who died intestate in July 2015. The claimant is the daughter of the deceased and the defendant claimed to be a widower of the deceased.
While this was technically a probate claim, the issue between the parties in the short term was who should administer the estate. Each party feared that the other would favour themselves when administering the estate. The issue as to administration itself turned on whether the defendant and the deceased were validly married. The defendant argued that since he is the sur...
Probate: Laid to rest?
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Randall v Randall [2016] EWCA Civ 494
Wills & Trusts Law Reports | September 2016 #162This 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...
Kebbeh v Farmer [2015] EWHC 3827 (Ch)
Wills & Trusts Law Reports | July/August 2016 #161Malcolm Mitchell (the deceased) died on 26 September 2011 in Gambia. By his final will dated 5 May 2006 he divided his estate between his three daughters equally, subject to minor pecuniary bequests. The will left no provision for his second wife, Haddy Kebbeh (the claimant). The claimant brought a claim under the Inheritance (Provision for Family and Dependants) Act 1975 (the Act). The defendants claimed that the deceased died domiciled in Gambia, and that the claimant therefore had no claim pursuant to s1(1) of the Act.
The deceased had moved to Gambia...
Probate: Fee reign
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