The Court had dismissed an action brought to obtain an order pronouncing against a will, revocation of the probate granted in respect of the will and a declaration of intestacy. The defendant executor had counterclaimed for a grant of probate in solemn form. One member of the family had acknowledged service of the action and had indicated that he wanted to be satisfied that the will had been properly executed but did not intend to put forward any positive case.
Held: The action was dismissed, but the court denied permission to the defendant to discontinue the counterclaim as against the family member, because a serious issue had been raised as to the validity of the will. The defendant executor was required to continue to seek an order for a grant of probate in solemn form.
Citations:
Lawtel 09-May-2005, [2005] All ER (D) 96
Cited by:
See Also – Briscoe v Green ChD 13-Jul-2006
. .
Cited – Wylde v Culver ChD 12-Apr-2006
The claimant sought to discontinue his probate action on the day of trial, and an order as to costs.
Held: The discontinuance should be allowed, there being no public interest to be served in a continuance. As to costs ‘in probate actions . .
Lists of cited by and citing cases may be incomplete.
Wills and Probate
Updated: 01 May 2022; Ref: scu.253195
