header-logo header-logo

20 May 2016 / Henrietta Mason , Paola Fudakowska
Issue: 7699 / Categories: Features , Procedure & practice , CPR
printer mail-detail

Will they or won’t they?

Paola Fudakowska & Henrietta Mason provide a wills & probate update

In Breslin v Bromley [2015] EWHC 3760 (Ch) the claimant (C) was the executor and beneficiary of his aunt’s will. He took his aunt to have her will prepared by a solicitor. The aunt did not execute the will before that solicitor but did so elsewhere, in circumstances which led to the second defendant (D2) requiring the will be proved in solemn form by cross examining the witnesses who attested, and leading to an allegation of undue influence by the third defendant (D3) (which claim was later abandoned). However, C was successful in his claim that the will was valid. Therefore the court had to determine the appropriate costs order.

The normal rule was that costs follow the event and C had succeeded in his claim. In probate proceedings an order for costs could be made out of the estate where the testator, or a principal beneficiary, was “really the cause of the litigation”. The court could also leave the parties to pay

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

WSP Solicitors—David Ashcroft & Jessica O’Shea

WSP Solicitors—David Ashcroft & Jessica O’Shea

Commercial property and child law teams expand with senior hires

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Set expands London and Singapore offering with senior international disputes hires

Gilson Gray—Gregor Duthie & Stephen Forsyth

Gilson Gray—Gregor Duthie & Stephen Forsyth

Firm strengthens real estate and litigation teams with partner promotions

NEWS
Uber has built a formidable strategy for insulating itself from liability for drivers’ conduct, but the legal terrain differs sharply between the US and England and Wales
The Civil Justice Council’s review of Part III of the Solicitors Act 1974 could mark the end of what one commentator calls an ‘outdated’ and overly technical regime governing solicitor-client fee disputes
The House of Lords (Hereditary Peers) Act 2026 marks a constitutional watershed by severing the centuries-old link between hereditary titles and automatic membership of the upper chamber
Artificial intelligence, proportionality and public decision-making are under increasing judicial scrutiny, according to the latest public law round-up from Herbert Smith Freehills Kramer
Families relying on informal agreements over property ownership could face costly consequences if disputes arise, the High Court has warned
back-to-top-scroll