Green v Briscoe [2005] EWHC 809 (Ch) (23 March 2005)

Green v Briscoe [2005] EWHC 809 (Ch) (23 March 2005)

Mrs Green does not technically have an interest in the estate sufficient to contest the will, but given the evidence from attesting witnesses and the administration of justice, the matter should be adjudicated on the counterclaim.

Citation
[2005] EWHC 809 (Ch)
Parties
Claimant: Green; Defendant: Briscoe
Jurisdiction
England and Wales
Judgment Date
23 March 2005
Procedural Posture
Probate and Inheritance / Case Management Conference
Outcome
Counterclaim will proceed to trial; discontinuance not permitted.
Legal Topics
Validity of Will, Undue Influence, Standing to Contest Will, Reasonable Financial Provision
Probate Inheritance Family Law Validity of Will Undue Influence Standing to Contest Will Reasonable Financial Provision

Case Brief

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Parties

Green

Claimant

Briscoe

Defendant

Procedural Posture

Probate and Inheritance / Case Management Conference

Legal Issues

  1. 1 Whether Mrs Green has standing to contest the validity of the will
  2. 2 Whether the will of Mr Green dated 25 November 2003 was validly executed
  3. 3 Whether Mrs Green is entitled to reasonable financial provision under the Inheritance Act 1975

Ratio Decidendi

Mrs Green does not technically have an interest in the estate sufficient to contest the will, but given the evidence from attesting witnesses and the administration of justice, the matter should be adjudicated on the counterclaim.

Court Disposition

Counterclaim will proceed to trial; discontinuance not permitted.

Orders

  • Matter to be tried in the trial window as scheduled.
  • Discontinuance of counterclaim not permitted.