Martin v Wilkinson & Ors (Re Estate of William Robert Wilkinson) [2025] EWHC 3574 (Ch) (10 November 2025)

Martin v Wilkinson & Ors (Re Estate of William Robert Wilkinson) [2025] EWHC 3574 (Ch) (10 November 2025)

The court held that, although the amendments were not formally permitted by the earlier order, they have been on the record for 10 months, all defendants have responded, and no formal objection was made until the start of trial. In the interests of justice and case management, the amendments will be allowed to stand and the trial will proceed on the current pleadings.

Citation
[2025] EWHC 3574 (Ch)
Parties
Claimant: Andrew John Martin; First Defendant: Daniel Brian Wilkinson; Second Defendant: Jodi Ann Wilkinson; Third Defendant: Wilmart Properties Limited; Fourth Defendant: Martin Wilkinson
Jurisdiction
England and Wales
Judgment Date
10 November 2025
Procedural Posture
Chancery Probate/trust Dispute / Preliminary Extemporary Ruling at Start of Trial
Outcome
Amendments to particulars of claim (paragraphs 8.3-8.5) allowed to stand; trial to proceed on current pleadings.
Legal Topics
Declaration of Trust, Beneficial Ownership of Shares, Pleading Amendments, Sham Trusts, Case Management Powers
Probate Trusts Property Law Civil Procedure Declaration of Trust Beneficial Ownership of Shares Pleading Amendments Sham Trusts +1 more

Case Brief

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Parties

Andrew John Martin

Claimant

Daniel Brian Wilkinson

First Defendant

Jodi Ann Wilkinson

Second Defendant

Wilmart Properties Limited

Third Defendant

Martin Wilkinson

Fourth Defendant

Procedural Posture

Chancery Probate/trust Dispute / Preliminary Extemporary Ruling at Start of Trial

Legal Issues

  1. 1 Whether amendments to particulars of claim (paragraphs 8.3-8.5) are permitted and should be allowed to stand at trial
  2. 2 Whether allegations of sham and non-compliance with Wills Act 1837 are properly pleaded and permitted

Ratio Decidendi

The court held that, although the amendments were not formally permitted by the earlier order, they have been on the record for 10 months, all defendants have responded, and no formal objection was made until the start of trial. In the interests of justice and case management, the amendments will be allowed to stand and the trial will proceed on the current pleadings.

Court Disposition

Amendments to particulars of claim (paragraphs 8.3-8.5) allowed to stand; trial to proceed on current pleadings.

Orders

  • Refusal to disallow amendments at paragraphs 8.3 to 8.5 of the amended particulars of claim.
  • Trial to proceed on the basis of pleadings as they have stood since January 2025.