Probate in UK Law

Leading Cases
  • Re Seagrave (Deceased)
    • Chancery Division
    • 23 Mar 2007

    If this claim fell not within the probate jurisdiction but more generally within the CPR it seems to me that the answer to the question whether she would be recognised as having a sufficient interest so as to be able to seek a declaration would be- “yes of course”. There is a further practical reason why one should construe, “interest” to include a potential Inheritance Act claim.

  • Fuller v Strum
    • Court of Appeal
    • 07 Dic 2001

    What is involved is simply the satisfaction of the test of knowledge and approval, but the court insists that, given that suspicion, it must be the more clearly shown that the deceased knew and approved the contents of the will so that the suspicion is dispelled. But in a case where the circumstances are such as to arouse the suspicion of the court the propounder must prove affirmatively that knowledge and approval so as to satisfy the court that the will represents the wishes of the deceased.

    However, it is instructive to consider the recent decision of Lloyd J. in Hart v Dabbs, unreported, 6 July 2000, as illustrating the properly objective approach of the court in a case where the suspicion of the court has been aroused. In that case the propounder of the will made by a wealthy 74 year old man was a person who was alleged to have killed the deceased unlawfully.

    It is not, and cannot be, in dispute that, before admitting the document to probate, the judge needed to be satisfied that it did truly represent the testator's testamentary intentions; or, to use the traditional phrase, that the testator "knew and approved" its contents.

  • Sherrington and Others v Sherrington
    • Court of Appeal
    • 29 Dic 2006

    This court dismissed an appeal to it, the Earl of Selborne L.C. observing (9 PD at p. 161), "I do not know how many wills, really well executed and duly attested, might not be brought into peril if, upon the sort of evidence which we have here, after a lapse of several years, probate were refused."

  • Wintle v Nye
    • House of Lords
    • 18 Dic 1958

    It is not the law that in no circumstances can a solicitor or other person who has prepared a will for a testator take a benefit under it. But that fact creates a suspicion that must be removed by the person propounding the will. The degree of suspicion will vary with the circumstances of the case. It may, on the other hand, be so grave that it can hardly be removed. In the present case the circumstances were such as to impose on the Respondent as heavy a burden as can well be imagined.

  • Randall v Randall
    • Court of Appeal
    • 27 May 2016

    There is no doubt that a creditor of an estate does not have sufficient interest in an estate to bring a probate claim and that Menzies is still good law. The interest of the creditor of a beneficiary is to ensure that the beneficiary receives what is due to him or her under the will or on an intestacy. The interest of a creditor of an estate is to ensure that there is due administration of the estate. The creditor of the estate is not interested in which beneficiary receives what.

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Legislation
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Books & Journal Articles
  • REVIEWS
    • Núm. 35-2, Marzo 1972
    • The Modern Law Review
    Constitutional Law. By S. A. de Smith. Constitutional Theory. By G. Marshall. Magna Carta. By Anne Palliser Sale and Hire Purchase. By J. K. Macleod. Williams and Mortimer on Executors, Administrat...
  • REVIEWS
    • Núm. 23-4, Julio 1960
    • The Modern Law Review
    Book reviewed in this article: Judicial Review of Administrative Action. By S. A. De Smith, M.A., PH.D. Wills, Probate and Administration. A Manual of the Law. By B. S. Ker, M.A. (Cantab.) The Law ...
  • REVIEWS
    • Núm. 10-4, Octubre 1947
    • The Modern Law Review
    Book reviewed in this article: Jurisprudence. By Sir John Salmond. Tenth edition by Glanville L. Williams, ll.d. Making International Law Work. By George W. Keeton and Georg Schwarzenberger. Second...
  • REVIEWS
    • Núm. 30-2, Marzo 1967
    • The Modern Law Review
    Delict. By D. M. Walker. [Edinburgh: W. M. Green & Son. The A. G. Davis Essays in Law. Edited by J. F. Northey. Civil Procedure in Italy. By Mauro Cappelletti (Professor of Comparative Law at t...
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