The claimant had cohabited with the deceased. After his death, she applied for a grant of letters of administration in his estate, but this was rejected on the basis that she had no sufficient interest to make a claim to probate. The deceased had died but shortly after his divorce the defendants said that he had made a will, without a solicitor, leaving all to his step children through his former wife. The claimant said this was either fraud or undue influence.
Held: The appeal succeeded. The claimant’s right to make a claim under the 1975 Act gave her a sufficient interest. Under the Civil Procedure Rules as opposed to under the Probate jurisdiction, the answer would be clear.
Judges:
Mackie QC J
Citations:
[2007] EWHC 788 (Ch), Times 02-May-2007
Links:
Statutes:
Civil Procedure Rules 57.7, Inheritance (Provision for Family and Dependants) Act 1975, Supreme Court Act 1981 121(1)
Jurisdiction:
England and Wales
Citing:
Cited – Kipping and Barlow v Ash 1845
. .
Cited – Hingeston v Tucker 1862
. .
Lists of cited by and citing cases may be incomplete.
Wills and Probate, Litigation Practice
Updated: 26 August 2022; Ref: scu.251168
