The claimants sought admission to probate of a will. The respondent objected saying that the testatrix did not have capacity.
Held: Contested probate proceedings are specialist proceedings, and must be dealth with by oral application save with the consent of all parties. The judge had not given any reasons at all for his decision which appeared to have been reached in the absence of the statements from the defendants. The matter was adjourned to allow the defendants to issue application for leave on notice, though it was to be hoped that it could be agreed by consent.
Judges:
Chadwick LJ
Citations:
[2001] EWCA Civ 1592
Links:
Jurisdiction:
England and Wales
Wills and Probate
Updated: 13 June 2022; Ref: scu.201429