Elliott v Simmonds & anr [2016] EWHC 732 (Ch)
Wills & Trusts Law Reports | October 2016 #163Kenneth 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...
Elliott v Simmonds (costs) [2016] EWHC 962 (Ch)
Wills & Trusts Law Reports | October 2016 #163On 7 April 2016 judgment was delivered pronouncing for the force and validity of the will dated 1 February 2012 (2012 will) of Kenneth William Jordan (Mr Jordan) in solemn form of law and ordering that a caveat entered by the first defendant in respect of his estate cease to have effect. The normal rule of costs is that costs follow the event. However, the Court has discretion to make a different order, taking into account, for example, the conduct of the parties. In a contentious probate claim, there are also specific exceptions to the normal rule arising under case law and under the Ci...