header-logo header-logo

13 January 2011 / Michael Tringham
Issue: 7448 / Categories: Features , Wills & Probate
printer mail-detail

Expensive disputes

Michael Tringham reports on a “wrecked” estate—and polygamous intestacy

Recent decisions indicate judicial alarm at the cost of contentious probate cases.

In Perrins v Holland—where the Appeal Court upheld the will of a testator who had full capacity when he gave instructions but had lost that capacity by the time he executed the will—the chancellor of the High Court quoted earlier observations that “the evidential fog cannot but recall the opening of Bleak House; just as the exhaustion of the estate in legal costs cannot but recall its ending” and that “although there is a public interest that where reasonable suspicions about the validity of a will are raised, it should be proved in solemn form, that public interest cannot justify the potential exhaustion of the estate in legal costs…there is also a public interest in encouraging sensible settlements.”

After referring to Mr Justice Lewinson’s 2009 analysis—that the real trigger for litigation was the fact that the testator had left his only valuable asset to his carer, of whom the family disapproved—the chancellor refused the

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gardner Leader—Charlotte Botham & Belinda Sinnott

Gardner Leader—Charlotte Botham & Belinda Sinnott

Law firm strengthens real estate team with two new partners

DR Solicitors—Sarah Cook

DR Solicitors—Sarah Cook

DR Solicitors strengthens primary care expertise with appointment of legal director

Womble Bond Dickinson—David Varney

Womble Bond Dickinson—David Varney

Womble Bond Dickinson appoints David Varney to strengthen digital practice

NEWS
A deputy costs judge correctly exercised his discretion to allow late service rather than strike out the point of dispute, the Court of Appeal has held
Prince Harry, Baroness Doreen Lawrence and five others have lost their case against the publisher of the Daily Mail, Mail on Sunday and MailOnline, in Various Claimants v Associated Newspapers [2026] EWHC 1637 (KB)
Public confidence in the justice system is being undermined by a lack of accessible, useable data, magistrates have warned
The Sentencing Council has launched draft guidelines for facilitation and endangering another person during a sea crossing to the UK
Government proposals to make independent written legal advice a prerequisite for workplace non-disclosure agreements (NDAs) may prove unworkable, according to a senior employment lawyer
back-to-top-scroll