| Source: | All England Reporter |
| Publisher Citation: | [2010] All ER (D) 72 (Feb) |
| Neutral Citation: | [2010] EWCA Civ 27 |
| Court: | Court of Appeal, Civil Division |
| Judge: | Maurice Kay, Rimer LJJ and Sir Paul Kennedy |
| Representation | Raphael Cohen (instructed by Gordons LLP) for the claimants. |
| Sarah Harrison (instructed by Ramsdens Solicitors LLP) for the defendant. | |
| Judgment Dates: | 5 February 2010 |
Catchwords
Will - Residue - Division - Husband transferring interest in farm to wife - Farm treated as part of wife's estate on her death - Husband undervaluing wife's estate - Husband appropriating deceased wife's property to himself - Husband's will bequeathing estate to son - Daughters bringing first claim disputing validity of husband's will - First claim dismissed - Daughters bringing second claim for residue of wife's estate - Judge finding second claim not abuse of process - Judge finding farm part of wife's estate - Whether judge erring - .
The Case
Will Residue. The Court of Appeal, Civil Division, dismissed an appeal against the findings of a judge in a preliminary trial which determined that a now deceased husband had misappropriated part of his deceased wife's estate, and accordingly that the other children of the deceased couple had a claim against the son, the principle beneficiary of the husband's will.
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