Family Law Hub

Randall v Randall [2016] EWCA Civ 494

In a tweet: Creditor of a beneficiary had an interest in the deceased's estate that gave him standing to challenge the validity of the will

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Case note, published: 21/09/2016

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  • As part of their divorce settlement, the parties agreed that the ex-wife would keep the first £100,000 of any inheritance from her mother and the balance over that amount would be split equally between them. The mother left exactly £100,000 to the ex-wife with the remaining £150,000 going to the ex-wife's children. The ex-husband brought a probate claim to challenge the validity of the ex-wife's mother's will, alleging that it was not duly executed in accordance with the provisions of section 9 of the Wills Act 1837. The Deputy Master decided that H had no sufficient interest in the will and therefore had no standing to bring the claim. The ex-husband's appeal against that decision was allowed. Judgment, 27/05/2016, free

Published: 21/09/2016

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