| Source: | All England Reporter |
| Publisher Citation: | [2010] All ER (D) 234 (Dec) |
| Neutral Citation: | [2010] EWHC 3345 (Ch) |
| Court: | Chancery Division |
| Judge: | Mann J |
| Representation | David Rowell (instructed by Horne Engall & Freeman LLP) for the claimant. |
| Nathan Wells (instructed by Penningtons LLP) for the defendants. | |
| Judgment Dates: | 17 December 2010 |
Catchwords
Probate - Lost will - Evidence - Execution - Deceased making draft of will in 2002 - Claimant partner of deceased alleging deceased making will in her favour in 2007 - Claimant alleging copy of 2007 will discovered by deceased's defendant family - Defendants denying that will made in 2007 - Claimant issuing proceedings to prove 2007 will - Whether claim would be allowed.
The Case
Probate Lost will. The Chancery Division of the High Court found that the parties could not establish that a valid will had been found at the house of the deceased, and accordingly the claim to prove the will would be dismissed.
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