Christodoulides v Marcou [2017] EWHC 2632 (Ch) (26 October 2017)

Christodoulides v Marcou [2017] EWHC 2632 (Ch) (26 October 2017)

Permission to appeal was refused because the Recorder's findings that Niki Christodoulides committed fraudulent calumny, thereby inducing Agni Iacovou to exclude Androulla Marcou from her will, were adequately pleaded, supported by evidence, and based on correct legal principles. No real prospect of success was shown on any ground of appeal.

Citation
[2017] EWHC 2632 (Ch)
Parties
Appellant/claimant: Niki Christodoulides; Respondent/defendant: Androulla Marcou
Jurisdiction
England and Wales
Judgment Date
26 October 2017
Procedural Posture
Appeal / Application for Permission to Appeal
Outcome
Permission to appeal refused
Legal Topics
Fraudulent Calumny, Testamentary Capacity, Undue Influence, Pleading Requirements
Probate Wills and Estates Fraud Fraudulent Calumny Testamentary Capacity Undue Influence Pleading Requirements

Case Brief

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Parties

Niki Christodoulides

Appellant/claimant

Androulla Marcou

Respondent/defendant

Procedural Posture

Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the will of Agni Iacovou was procured by fraudulent calumny by Niki Christodoulides
  2. 2 Whether the Recorder's findings went beyond the pleaded case
  3. 3 Whether the Recorder applied the correct legal principles for fraudulent calumny

Ratio Decidendi

Permission to appeal was refused because the Recorder's findings that Niki Christodoulides committed fraudulent calumny, thereby inducing Agni Iacovou to exclude Androulla Marcou from her will, were adequately pleaded, supported by evidence, and based on correct legal principles. No real prospect of success was shown on any ground of appeal.

Court Disposition

Permission to appeal refused

Orders

  • Application for permission to appeal dismissed
  • Recorder's order declaring the will invalid stands