Paola Fudakowska & Henrietta Mason return with a wills & probate update
- Application for revocation for a grant of letters of administration.
- Whether wording in will is sufficient to exclude the operation of s 33 of the Wills Act 1837.
Donna-Lynne Maria Morris v Sylvester Hazelwood Browne, Carol Hazelwood-Morris and Mr Evans [2017] EWHC 631 (Ch) deals with an application for revocation for a grant of letters of administration and an account in light of the existence of a will.
Ethelyn Violet Morris died on 22 March 2012. She had five children, namely the Claimant, the three Defendants and a further son, Colin, who was not a party. The Defendants obtained letters of administration on their mother’s purported intestacy on 2 October 2013 and sold her property for £920,000 in February 2014.
The Claimant’s solicitors wrote to the Defendants in February 2015 saying they understood that the Defendants had been aware of the existence of the deceased’s will, enclosing a copy of the original. The solicitors made clear that under the will, the Claimant
