Analysis
The claimant had been married to the deceased for 11 years. The deceased took her own life on 11 April 2017. The claimant and the first and second defendants, the deceased’s siblings, were appointed executors of the deceased’s 2015 will. Probate was granted in April 2018. The estate was valued at around £130,000.
On 27 August 2019, the claimant was removed as an executor of the 2015 will by the court. The claimant brought a claim under the Inheritance (Provision for Family and Dependants) Act 1975 against the estate of the deceased on 21 November 2019, which was opposed by the first and second defendants. The third and fourth defendants were the adopted children of the claimant and deceased and were represented by their litigation friend.
The defendants had raised serious allegations of abuse against the claimant within his marriage with the deceased. The claimant applied for permission to rely on further evidence in support of his application, which related to the state of the marriage between the claimant and the deceased.
Held:
Application granted. Part 8 is intended for claims that do not have a substantial dispute of fact, but Inheritance Act claims are brought under Part 8. It was understood by the parties and the courts that there needs to be flexibility in relation to Inheritance Act claims because issues of fact can arise, and the claims are not limited to the issues of finances and need, and other factors need to be considered. The application was not made at trial or shortly before trial, and there had been no case management of a claim that was at an early stage. The court must look for the reasons and consequences of late-served evidence, but this was not a Denton case, and even if it was, relief would have been granted. It was the defendants who had raised a conduct case of very serious allegations.
JUDGMENT DISTRICT JUDGE CARTER: [1] This is an application made by the claimant in relation to the filing of further evidence. The application is contained in the bundle at p39 of the electronic bundle I have been provided with. It is supported by a witness statement from Mr Andrew Bishop, who is the solicitor for …Continue reading "Chimelu v Egemonye & ors (1) [2023] WTLR 17"