Judgment on the trial of a claim brought by the claimant against her sister and brother in law in relation to their mother’s will and related affairs of her estate. In part it is a probate claim, for an order revoking the grant of probate made to the first defendant in respect of a will said to have been made by their mother at a time when she was subject to undue influence from the first defendant and/or neither knew nor approved of the contents. In part it is a derivative claim on behalf of the estate, seeking (i) in particular an order setting aside an assignment of a one half share of the beneficial interest in the house in which their mother lived to the defendants, said to have been procured by undue influence of the defendants, but also (ii) accounts in relation to rents received by the first defendant in respecting of the letting of the mother’s house, and (iii) other relief.
HHJ Paul Matthews
[2020] EWHC 2151 (Ch)
Bailii
England and Wales
Updated: 13 October 2021; Ref: scu.653022 br>