Charles Cooper | Barrister & Mediator

Category: Probate

King v. King [2023] EWHC 2822 (Fam)

‘Special circumstances make it necessary and expedient to pass over the claims of both [sons to administer the estate]… and to appoint an independent professional pursuant to s.116 Senior Courts Act 1981’: https://caselaw.nationalarchives.gov.uk/ewhc/fam/2023/2822
Read more: King v. King [2023] EWHC 2822 (Fam)
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)