Ex-husband has sufficient interest in ex-mother-in-law's estate to challenge Will as a forgery
Randall -v- Randall: Could the Consent Order agreed as to a divorce have been drafted differently to protect against a subsequent probate dispute?
The background is that when the husband and wife divorced they agreed that any inheritance received by the wife from her mother’s estate, which exceeded £100,000, would be shared with the husband. When the wife's mother died she left the wife £100,000 and she left the wife's children £150,000. The (ex)husband sought to challenge the validity of the Will on the basis it was a forgery, alleging that it had not been validly executed in accordance with section 9 of the Wills Act 1937. At first instance the judge held that the husband did not have sufficient interest to challenge the validity of the Will. The husband appealed.
The wife maintained that only those who were able to assert a right to administer the estate (not the husband) could bring a contentious probate claim. Since the husband was not named as an executor under the Will, he was not entitled to a share in the estate and was not a creditor of the estate he did not have a sufficient interest to bring the claim.
The court disagreed with the wife and allowed the appeal. The right to bring a claim was a procedural issue. The husband's position was not similar to a creditor of the estate. A creditor did not have sufficient interest to bring a probate claim. The Lord Justices were in agreement that the husband should be allowed to bring a claim to challenge the validity of the Will so as to ensure the case is dealt with justly. Significantly, if unable to challenge the Will, the husband would have no other route. Lord Dyson said ‘He is not a mere busybody. He has a real interest in challenging the validity of the Will.’
So, we are yet to learn if the Will was a forgery.
Tees is here to help
We have many specialist lawyers who are based in:
Cambridgeshire: Cambridge
Essex: Brentwood, Chelmsford, and Saffron Walden
Hertfordshire: Bishop's Stortford and Royston
But we can help you wherever you are in England and Wales.
Chat to the Author, Sara Stabler
Senior Associate, Dispute Resolution and Litigation, Cambridge office
Meet Sara
- Areas of expertise
- Accreditations
- Testimonials
Legal 500 UK 2024
'Sara Stabler is a remarkably thorough and careful solicitor, but also very pragmatic and down to earth'
Legal 500 UK 2023
'Sara Stabler and her team are consistently really strong performers. They have excellent work and it is clear that their clients receive really good service'
Legal 500 UK 2021
"Sara and James are truly excellent exponents of the legal profession and, in terms of ability and incisive thought and delivery, combined with response time, leave contemporaries in some other organisations in the shade."
Legal 500 UK 2021
"Sara Stabler brings a pragmatic approach to litigation, providing realistic solutions for her clients."
Legal 500 UK 2021
"I have worked with Sara Stabler, senior associate at Tees Law, on two matters. One was a complex commercial dispute with a great deal of personal animosity between the parties and the other a challenging trust case. In the trust case, Sara showed a maturity beyond her years, standing up to difficult bullying opponents and, frankly, out-lawyering them. In the other, she conducted the negotiation of a settlement with consummate skill, never overstating her case but arguing with forceful reasoning. In my book, she is definitely one to watch for the future."
Legal 500 UK 2021
"Sara Stabler and Katie Hayes make an outstanding team of advisers. They combine their qualities to provide excellent service to clients. One of the best I have come across."
Legal 500 UK 2021
"Sara will fight for you all the way, if she feels what you have done is right. If anyone has a litigation issue, I would recommend Sara."