Rochford v Rochford [2021] WTLR 951

Wills & Trusts Law Reports | Autumn 2021 #184

The claimant was the daughter of the deceased and the defendant was the sister of the deceased. The deceased had made a will dated 13 September 2017. By that will the deceased had left £25,000 each to the claimant, the claimant’s son and another sister of the deceased. The remainder was left to the defendant.

The net estate was valued at around £245,000. The defendant stood to receive approximately £193,000 less legal fees.

In 1968 the deceased had separated from the claimant’s mother. Thereafter the claimant had a difficult relationship with the deceased. Prior to the birt...

Jopling v Leavesley & anr [2013] EWCA Civ 1605

Wills & Trusts Law Reports | June 2014 #140

Mr Jopling was the executor of the will of Kenneth Smith. On 6 January 2012 Mr Jopling issued proceedings against the deceased’s stepdaughter Mrs Leavesley and his niece, Mrs Thompson alleging that they had each obtained a cheque for £25,000 drawn on Mr Smith’s bank account and they between them had drawn £14,750 from ATMs by using his debit card. He alleged that these moneys had been obtained by undue influence and the estate was entitled to recover them.

In May 2012 via his solicitors he made a Part 36 offer to each of the two defendants offering to settle for £25,0...

Lilleyman v Lilleyman & anr (costs) [2012] EWHC 1056 (Ch)

Wills & Trusts Law Reports | July/August 2012 #121

Briggs J gave judgment in relation to costs occasioned by Mrs Barbara Lilleyman’s successful claim for reasonable financial provision from the estate of her late husband, reported as Lilleyman v Lilleyman [2012] WTLR 1007.

There had been extensive without prejudice negotiations and offers (both Part 36 offers and without prejudice offers) had been made by both sides. On 27 July 2011, the defendants had made two simultaneous offers: a Part 36 offer (the July Part 36 offer) and a without prejudice offer (the July without prejudice offer). The defendants made a further without ...