Probate – Page 6 – Charles Cooper

Richefond & Ors v. Dillon [2023] EWHC 2796 (Ch)

Executors to pay their own legal costs in a claim to propound a Will where they had ‘knowledge of the potential uncertainties’ and ‘the circumstances were such as to reasonably lead to an investigation’, but they failed to investigate prior to issuing proceedings, and failed to take a neutral stance: https://caselaw.nationalarchives.gov.uk/ewhc/ch/2023/2796
Read more: Richefond & Ors v. Dillon [2023] EWHC 2796 (Ch)
Archibald (Dec’d) & Anor v. Stuart [2023] EWHC 2515 (Ch)

A claim by a child under the 1975 Act does not survive his or her death, and a usual relationship between parents and daughter/son-in-law does not give standing to the surviving spouse to bring a claim under s.1(1)(d) of the Act: https://caselaw.nationalarchives.gov.uk/ewhc/ch/2023/2515
Read more: Archibald (Dec’d) & Anor v. Stuart [2023] EWHC 2515 (Ch)
Vasami & Anor v. Hack [2023] EWHC 2431 (Ch)

No detrimental reliance and no proprietary estoppel where ‘paid a wage, had free occupation of the farmhouse… with bills paid, and could and did undertake other paid employment’: https://caselaw.nationalarchives.gov.uk/ewhc/ch/2023/2431
Read more: Vasami & Anor v. Hack [2023] EWHC 2431 (Ch)

Charles Cooper | Barrister