Breslin v Bromley [2015] EWHC 3760 (Ch)

Wills & Trusts Law Reports | March 2016 #157

Mr Breslin was the executor and beneficiary of the estate of his late aunt, Marjorie Beck (the deceased). He had taken the deceased to a firm of solicitors so that she could draw up the will. She executed the will elsewhere. Following her death, the second and third defendants challenged its validity. The third defendant also brought a claim of undue influence. The claimant brought a claim to propound the will and succeeded at trial. The second and third defendants argued that they should not have to bear the costs because the claimant had caused the litigation by failing to ensure the p...

Trust And Probate Claims: Counting the cost

Alexander Learmonth examines the effect of the Supreme Court’s decision on the costs of the claim for rectification of a will in Marley v Rawlings [2014] ‘When advising clients contemplating the risks of litigation, litigators should continue to adopt a cautious approach; clients must be ready to negotiate in good faith, rather than relying on …
This post is only available to members.

Wills: Focus first

Anna Bruce-Smith sets out the lessons to be learned from Wharton v Bancroft ‘Mr Justice Norris went out of his way to commend counsel for keeping the number of witnesses to a minimum by weeding out the periphery testimonies, in particular those who seemed keen only to air their grievances against either White Horse or …
This post is only available to members.

Wharton v Bancroft & ors (costs) [2012] EWHC 91 (Ch)

Wills & Trusts Law Reports | May 2012 #119

Mr Wharton (D) died in 2008 and was survived by his second wife, Maureen (M), and by his three adult daughters, Victoria, Gina and Amanda. D and M had been living together for 32 years but only married three days before D’s death. He had been discharged from hospital earlier that day so that he could spend his last few days at home. During this time his solicitor (B) visited him at home and took instructions from him for a will. This left his entire £4m estate to M, in contemplation of their marriage that took place the same evening. Essentially, D made a ‘deathbed will’...

Cowderoy v Cranfield (costs) [2011] EWHC 2628 (Ch)

Wills & Trusts Law Reports | December 2011 #115

The claimant had challenged the last will of the deceased dated 13 November 2006 (the deceased had died on 19 October 2008) on the bases of (1) lack of testamentary capacity, (2) want of knowledge and approval and (3) undue influence. The claimant failed on all those bases. The decision of Morgan J can be found at [2011] EWHC 1616 (Ch). On the issue of costs the claimant contended that there should be no order as to costs up to and including 26 September 2010 and thereafter that she should pay the defendant’s costs on the standard basis such liability not to be enforced without the...