Fuller v Strum [2001] EWCA Civ 228 (16 February 2001)

Fuller v Strum [2001] EWCA Civ 228 (16 February 2001)

Permission to appeal is granted because the appeal is not hopeless; there are arguable points regarding the judge's treatment of evidence and the unusual outcome of the probate order, and the value of the estate may have been misrepresented.

Citation
[2001] EWCA Civ 228
Parties
Claimant/applicant: Michael Fuller; Defendant/respondent: Geoffrey Bernard Strum
Jurisdiction
England and Wales
Judgment Date
16 February 2001
Procedural Posture
Probate Action (appeal) / Application for Permission to Appeal From Chancery Division Judgment
Outcome
Permission to appeal and extension of time granted; application to rely on further evidence adjourned; provisional stay of execution granted with liberty to defendant to apply to lift stay.
Legal Topics
Burden of Proof in Probate, Forgery Allegations, Knowledge and Approval of Will, Extension of Time, Stay of Execution
Probate Wills and Estates Civil Procedure Burden of Proof in Probate Forgery Allegations Knowledge and Approval of Will Extension of Time Stay of Execution

Case Brief

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Parties

Michael Fuller

Claimant/applicant

Geoffrey Bernard Strum

Defendant/respondent

Procedural Posture

Probate Action (appeal) / Application for Permission to Appeal From Chancery Division Judgment

Legal Issues

  1. 1 Whether the judge erred in striking out all but one legacy in the will
  2. 2 Whether the burden of proof regarding the righteousness of the transaction was properly discharged
  3. 3 Whether further evidence should be admitted on appeal

Ratio Decidendi

Permission to appeal is granted because the appeal is not hopeless; there are arguable points regarding the judge's treatment of evidence and the unusual outcome of the probate order, and the value of the estate may have been misrepresented.

Court Disposition

Permission to appeal and extension of time granted; application to rely on further evidence adjourned; provisional stay of execution granted with liberty to defendant to apply to lift stay.

Orders

  • Permission to appeal granted
  • Extension of time granted