Probate in UK Law

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

    There is a further practical reason why one should construe, “interest” to include a potential Inheritance Act claim. If this action could not proceed but the Claimant's claim under the Act went ahead, then the judge, when considering all the circumstances, might well feel considerable unease about proceeding on a possibly false assumption about the validity of the will.

  • Fuller v Strum
    • Court of Appeal (Civil Division)
    • 07 December 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.

  • Sherrington and Others v Sherrington
    • Court of Appeal (Civil Division)
    • 29 December 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."

  • Randall v Randall
    • Court of Appeal (Civil Division)
    • 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.

  • Wintle v Nye
    • House of Lords
    • 18 December 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.

  • Thomas and Agnes Carvel Foundation v Carvel and another
    • Chancery Division
    • 11 June 2007

    The first question is: who is entitled to apply under these sections? So far as section 50 is concerned, the answer so far as this case is concerned, is: a person who “under the will of the deceased” is beneficially interested in the estate. The natural meaning of the quoted phrase is a person named in (or one of a class identified in) the will which has been admitted to probate. That, after all, will be the will in relation to which the impugned personal representative has been appointed.

See all results
Legislation
See all results
Law Firm Commentaries
Forms
  • Medical certificate (probate)
    • HM Courts & Tribunals Service court and tribunal forms
    Forms and guidance on probate including fees, where to send your probate forms (PA1A and PA1P) and supplementary forms to support your application.
  • Probate fees from May 2020
    • HM Courts & Tribunals Service court and tribunal forms
    Forms and guidance on probate including fees, where to send your probate forms (PA1A and PA1P) and supplementary forms to support your application
  • Find a will or probate document
    • HM Courts & Tribunals Service court and tribunal forms
    Forms and guidance on probate including fees, where to send your probate forms (PA1A and PA1P) and supplementary forms to support your application.
  • Apply for probate by post if there is a will
    • HM Courts & Tribunals Service court and tribunal forms
    Forms and guidance on probate including fees, where to send your probate forms (PA1A and PA1P) and supplementary forms to support your application.
See all results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT