O'Brien v Seagrave and Another
| Jurisdiction | England & Wales |
| Judgment Date | 04 April 2007 |
| Date | 04 April 2007 |
| Court | Chancery Division |
Chancery Division
Before Judge Mackie, QC
A claimant who had a right to bring a statutory claim for provision from a deceased's estate could be said to have an interest in the estate for the purposes of bringing a probate claim.
Judge Mackie, QC, sitting as a deputy Chancery Division judge, so held when allowing an appeal by the claimant, Julia O'Brien, against an order made by Master Price on November 2, 2006, striking out her probate claim against the first and second defendants, Lee Seagrave and Jeanette Seagrave, because her claim form failed to comply with CPR rule 57.7(1) of the Civil Procedure Rules, which required it to contain a statement of the nature of the interest of the claimant in the estate.
The claimant was the partner of the deceased, Derek Seagrave. After his death, the second defendant, his former wife, and the first defendant, her son, produced a will and obtained a grant of probate.
Ms O'Brien brought a claim for provision under the Inheritance (Provision for Family and Dependants) Act 1975, but she also brought a probate claim against the defendants, seeking a declaration that the will was invalid and requesting that probate be revoked on the basis that the will had been forged or was obtained by undue influence.
The defendants objected to the probate claim on the ground that the claimant did not have an interest to bring such a claim under rule 57.7(1). The claimant's...
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