Category Archives: Validity disputes

Charles Hollander QC sitting as a Deputy High Court Judge has recently given judgment in Gupta v Gupta [2018] EWHC 1353 (Ch), a case in which the validity of the deceased’s last Will was challenged solely on the basis that she lacked knowledge and approval of the contents. Whilst it doesn’t break any new ground on […]

This is Part 2 of an occasional series on tricky probate problems and how to solve them. In Part 1, I looked at the issue of limited grants. In this post I will look at the options that are available where a caveat has been entered, warned, and an appearance entered. Usually, in these circumstances, […]

This is the first in a series of short posts looking at tricky problems that can arise in probate disputes. In this post, I will take a look at a common problem – what to do where a caveat has been lodged in order to prevent a grant of probate being taken, but there is […]

HHJ Matthews costs ruling following the trial of the proprietary estoppel and probate claim in James v James & Ors [2018] EWHC 242 (Ch) (see my post on the substantive issues here) has been published and provides a helpful reminder of the contentious probate costs rules and the consequences of failing to follow the prescribed […]

HHJ Paul Matthews, sitting as a High Court Judge, has recently revisited the ingredients of proprietary estoppel and the requirements for establishing testamentary capacity in James v James [2018] EWHC 43 (Ch). The case has been widely reported in the press, including the Daily Mail, whose take on the case was put as follows: “Farmer’s son who […]

On the heels of the Supreme Court judgment in Ilott v Mitson, we have two recent cases of interest concerning claims under the Inheritance (Provision for Family and Dependants) Act 1975 that follow and apply the dicta of the Supreme Court in Ilott: Ball v Ball [2017] EWHC 1750 (Ch), a decision of Judge Paul Matthews sitting […]