Jones v Longley [2015] EWHC 3362 (Ch)

Wills & Trusts Law Reports | March 2016 #157

On 30 July 2015 the court made an order under s50 of the Administration of Justice Act 1985 to remove the claimant (C) as co-executor of the deceased’s estate. The judgment involved no criticism of C. The result was to leave the first defendant (D1) as sole executor of the estate. The master invited written submissions on the issue of costs because all parties wished to apply for costs orders. This was the judgment on the issue of costs orders that should be made in the claim.

C and D1 were appointed as co-executors of the deceased’s will. C was the s...

Re McKeen [2013] EWHC 3639 (Ch)

Wills & Trusts Law Reports | April 2014 #138

The main action was a contentious probate dispute in which the defendant, who was the younger sister of the deceased, sought to overturn all of his five wills on the grounds of lack of testamentary capacity. The deceased had suffered from severe schizophrenia throughout his lifetime. The claimants were the residuary legatees of his final will, entitling them to the lion-share of the deceased’s considerable estate. In his main judgment, the judge accepted that the deceased’s condition was severe. He acknowledged that this placed the burden of proof on the claimants to establis...