header-logo header-logo

18 July 2014 / Henrietta Mason , Paola Fudakowska
Issue: 7615 / Categories: Features , Wills & Probate
printer mail-detail

Striking a fair balance

Henrietta Mason & Paola Fudakowska provide an update on disputed probate cases

In King v Dubrey and others [2014] EWHC 2083 (Ch) the deceased made a will in 1998 leaving £19,000 in legacies to friends and relatives, and her residuary estate to a number of animal charities. The main asset in her estate was a property in Hertfordshire, worth approximately £350,000 at the time of trial, into which her nephew, Mr King, moved to look after her in 2007.

On 19 November 2010, 4 February 2011 and 24 March 2011, the deceased prepared various documents to the effect that King should have the property when she died. None of the documents constituted a valid will in law. King stated that, in around late 2010/early 2011, the deceased presented him with the deeds to the property and said to him: “This will be yours when I go.” King claimed to have taken the deeds and put them into his wardrobe.

King claimed that the deceased, who died on 10 April 2011, had

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

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

back-to-top-scroll