Nield-Moir v Freeman [2018] WTLR 255
Wills & Trusts Law Reports | Spring 2018 #171The deceased died intestate. The claimant (N) and the defendant (F) were both born to the deceased’s late wife (W) during her marriage to the deceased, such that a rebuttable presumption that they were both children of the deceased arose. Letters of administration were granted to F. F later sold the deceased’s house to herself.
N denied that F was the child of the deceased. N therefore sought revocation of the grant to F, as well as a grant to herself, a declaration as to her beneficial entitlement to the whole of the estate, and an order setting aside the sale of the house.