Colleen Cropper (as the personal representative of Bernard Dimberline deceased) v Kim Elaine Dimberlaine & Ors.

Colleen Cropper (as the personal representative of Bernard Dimberline deceased) v Kim Elaine Dimberlaine & Ors.

The Disputed Will was a forgery created after Bernard Dimberline's death, with the involvement of Lisa and Mark Dimberline, and was not validly executed. The defendants acted without authority and are liable as executors de son tort. The claimant is entitled to judgment; the counterclaim for pronouncement in favour of the Disputed Will is dismissed.

Parties
Claimant: Mrs Colleen Cropper; First Defendant: Ms Kim Elaine Dimberline; Second Defendant: Mr Mark Dimberline; Third Defendant: Mrs Lisa Hirst
Jurisdiction
England and Wales
Judgment Date
22 August 2022
Procedural Posture
Probate/contested Will / Judgment After Trial
Outcome
Judgment for the claimant; counterclaim dismissed; further hearing to determine consequential relief, accounts, inquiries, and costs.
Legal Topics
Forgery of Will, Intestacy, Executors De Son Tort, Revocation of Grant, Burden and Standard of Proof, Disclosure Obligations
Probate Succession Civil Procedure Forgery of Will Intestacy Executors De Son Tort Revocation of Grant Burden and Standard of Proof +1 more

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Parties

Mrs Colleen Cropper

Claimant

Ms Kim Elaine Dimberline

First Defendant

Mr Mark Dimberline

Second Defendant

Mrs Lisa Hirst

Third Defendant

Procedural Posture

Probate/contested Will / Judgment After Trial

Legal Issues

  1. 1 Whether the Disputed Will of Bernard Dimberline dated 27 May 2017 is valid or a forgery
  2. 2 Whether the defendants acted as executors de son tort
  3. 3 Whether the estate was administered lawfully

Ratio Decidendi

The Disputed Will was a forgery created after Bernard Dimberline's death, with the involvement of Lisa and Mark Dimberline, and was not validly executed. The defendants acted without authority and are liable as executors de son tort. The claimant is entitled to judgment; the counterclaim for pronouncement in favour of the Disputed Will is dismissed.

Court Disposition

Judgment for the claimant; counterclaim dismissed; further hearing to determine consequential relief, accounts, inquiries, and costs.

Orders

  • Counterclaim dismissed
  • Parties to arrange further hearing for consequential relief, accounts, inquiries, and costs