Cropper v Dimberlaine & Ors [2022] EWHC 2202 (Ch) (22 August 2022)

Cropper v Dimberlaine & Ors [2022] EWHC 2202 (Ch) (22 August 2022)

The court found, on the balance of probabilities and in light of the documentary and oral evidence, that the Disputed Will was not executed by the deceased and was created after his death; the signatures were not genuine; the defendants' explanations were unconvincing and inconsistent with contemporaneous evidence; therefore, the Disputed Will is invalid and the claimant's grant of letters of administration stands.

Citation
[2022] EWHC 2202 (Ch)
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/contentious Probate / Trial Judgment
Outcome
Disputed Will declared invalid; claimant's grant of letters of administration stands.
Legal Topics
Validity of Will, Forgery, Executor De Son Tort, Burden of Proof in Civil Fraud, Intestacy, Revocation of Grant of Administration
Probate Wills and Estates Civil Procedure Validity of Will Forgery Executor De Son Tort Burden of Proof in Civil Fraud Intestacy +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/contentious Probate / Trial Judgment

Legal Issues

  1. 1 Whether the Disputed Will dated 27 May 2017 is a valid will of Bernard Dimberline
  2. 2 Whether the signatures on the Disputed Will are genuine or forged
  3. 3 Whether the defendants acted as executors de son tort

Ratio Decidendi

The court found, on the balance of probabilities and in light of the documentary and oral evidence, that the Disputed Will was not executed by the deceased and was created after his death; the signatures were not genuine; the defendants' explanations were unconvincing and inconsistent with contemporaneous evidence; therefore, the Disputed Will is invalid and the claimant's grant of letters of administration stands.

Court Disposition

Disputed Will declared invalid; claimant's grant of letters of administration stands.

Orders

  • Declaration that the Disputed Will dated 27 May 2017 is invalid and not the last will of Bernard Dimberline.
  • The letters of administration granted to Mrs Colleen Cropper remain in force.