Source: All England Reporter
Publisher Citation: [2016] All ER (D) 25 (Jun)
Neutral Citation: [2016] EWCA Civ 494
Court: Court of Appeal, Civil Division

Lord Dyson MR, McCombe and King LJJ

Representation Jeffrey Littman (instructed by Colin Randall) for H.
  Mark Baxter (instructed by Rix & Kay LLP) for W.
Judgment Dates: 27 May 2016


Probate - Action - Interest in estate - In divorce settlement, parties agreeing if respondent inheriting more than £100,000 from mother, she would keep £100,000, with balance split equally between parties - Respondent's mother leaving £100,000 to respondent in will and balance of estate to respondent's children - Appellant bringing probate claim to challenge validity of will - Deputy master finding appellant not having sufficient interest in will and no standing to bring claim - Appellant appealing - Whether creditor of beneficiary of estate having 'interest' in estate - CPR 1.1(2), 57.7.

The Case

Probate Action. The Court of Appeal, Civil Division, in allowing the appellant's appeal, held that, in the absence of authority which required it to hold otherwise, he had a sufficient 'interest' in the will of his former wife's deceased mother to bring a probate claim challenging the validity of the will.

Practice Areas

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