Barnaby v Johnson [2019] EWHC 3344 (Ch)

WTLR Issue: Spring 2020

MR BRADFORD BARNABY MR ALPHONSO CONSTANTINE WYNTER (as personal representatives of the estate of Mrs Maudlin Bascoe)

V

MS PATRICIA JOHNSON (also known as Patricia Smith)

Analysis

Mrs Maudlin Bascoe (T) died on 29 August 2015. Cs sought to prove a will dated 27 April 2005 (the 2005 will) naming them as executors. C1 was T’s son. C2 was T’s former solicitor and the draftsman of her wills from 1988 2005. D was T’s daughter. T also had two other children – a son, G, (who pre-deceased her) and a daughter, B (who died after T in 2017).

Counsel details

Toby Bishop (5 Stone Buildings, Lincoln’s Inn, London, WC2A 3XT, Tel: +44 (0)20 7242 6201, e-mail: 5sblaw.com) instructed by Hodders Law Ltd (50 Station Road, Harlesden, London, NW10 4UA, Tel: +44 (0) 808 168 8677, e-mail: enquiries@hodders.co.uk) for the Claimant.

The Defendant appeared in person.

Cases referenced

Cases in bold have further reading - click to view.

  • Banks v Goodfellow (1870) LR5 QB 549

  • Banks v Goodfellow (1870) LR5 QB 549|Gill v Woodall [2011] WTLR 25

  • Gill v Woodall [2011] WTLR 25, [2011] Ch 380

  • re Key [2010] WTLR 623, [2010] 1 WLR 2020

  • Sherrington v Sherrington [2005] WTLR 587, [2005] EWCA Civ 326

  • Wright v Rodgers (1869) LR 1 PD 678

  • [2005] EWCA Civ 326|Wright v Rodgers (1869) LR 1 PD 678

  • [2010] 1 WLR 2020|Sherrington v Sherrington [2005] WTLR 587

  • [2011] Ch 380|re Key [2010] WTLR 623

Legislation referenced

Legislation in bold has further reading - click to view.