Source: All England Reporter
Publisher Citation: [2013] All ER (D) 51 (May)
Neutral Citation: [2013] EWHC 1140 (Ch)
Court: Chancery Division

Newey J

Representation James Stuart (instructed by Edwards Duthie) for the claimant.
  Andrew Child (instructed by Mischcon de Reya) for the defendant.
  Stephen Innes (instructed by Plexus Law) for the third party defendant.
Judgment Dates: 3 May 2013


Will - Validity - Codicil - Claimant being partner of deceased - Defendant being deceased's son - Deceased making will to benefit of defendant and his brother - Deceased making codicil containing conditions to benefit of claimant - Claimant applying to court for pronouncement on codicil - Whether codicil valid.

The Case

Will Validity. The Chancery Division held that, on the facts, a deceased had known and had approved of the contents of a disputed codicil. Accordingly, the codicil was valid and should be admitted to probate.

Practice Areas

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