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

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
back-to-top-scroll