Fuller v Strum [2001] EWCA Civ 1551 (11 October 2001)

Fuller v Strum [2001] EWCA Civ 1551 (11 October 2001)

The application for further disclosure was refused because the relevant information is what the testator believed the value of his estate to be in 1989, not the current value, and because the respondent is not presently the administrator and has already provided all information available to him.

Citation
[2001] EWCA Civ 1551
Parties
Claimant/applicant: Michael Fuller; Defendant/respondent: Geoffrey Bernard Strum
Jurisdiction
England and Wales
Judgment Date
11 October 2001
Procedural Posture
Probate Proceedings (appeal) / Interlocutory Application Before Appeal Hearing
Outcome
Application dismissed save for direction for affidavit
Legal Topics
Knowledge and Approval of Will, Forgery of Will, Admissibility of Further Evidence, Proportion of Legacies to Estate Value
Probate Wills and Estates Knowledge and Approval of Will Forgery of Will Admissibility of Further Evidence Proportion of Legacies to Estate Value

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Parties

Michael Fuller

Claimant/applicant

Geoffrey Bernard Strum

Defendant/respondent

Procedural Posture

Probate Proceedings (appeal) / Interlocutory Application Before Appeal Hearing

Legal Issues

  1. 1 Whether the testator knew and approved the contents of the 1989 will
  2. 2 Whether the 1989 will was a forgery
  3. 3 Whether further disclosure of estate assets and values should be ordered

Ratio Decidendi

The application for further disclosure was refused because the relevant information is what the testator believed the value of his estate to be in 1989, not the current value, and because the respondent is not presently the administrator and has already provided all information available to him.

Court Disposition

Application dismissed save for direction for affidavit

Orders

  • Mr Geoffrey Strum to make an affidavit confirming that all information known to him about the estate's assets, either now or in 1989, is included in the solicitor's affidavit, with any additional information to be added if known.