Patricia Kelly-Lambo v Esther Olufunmilayo Lambo

Patricia Kelly-Lambo v Esther Olufunmilayo Lambo

The Defendant failed to prove the alleged divorce between Mrs Patricia Lambo and the deceased. The evidence overwhelmingly established that Mrs Patricia Lambo was living with the deceased as his wife at the time of his death. Applying Rule 22 of the Non Contentious Probate Rules 1987, Mrs Patricia Lambo is entitled to a sole Grant of Letters of Administration. Even if the Defendant's marriage were recognised, it is just and expedient under section 116 of the Senior Courts Act 1981 to appoint Mrs Patricia Lambo alone as administrator.

Parties
Claimant: Patricia Kelly-Lambo; Defendant: Esther Olufunmilayo Lambo
Jurisdiction
England and Wales
Judgment Date
21 October 2022
Procedural Posture
Probate/intestacy / Judgment After Trial
Outcome
Claim allowed in favour of Mrs Patricia Lambo; Defendant's counterclaim dismissed.
Legal Topics
Grant of Letters of Administration, Intestacy, Surviving Spouse, Rectification of Death Certificate
Probate Family Law Grant of Letters of Administration Intestacy Surviving Spouse Rectification of Death Certificate

Case Brief

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Parties

Patricia Kelly-Lambo

Claimant

Esther Olufunmilayo Lambo

Defendant

Procedural Posture

Probate/intestacy / Judgment After Trial

Legal Issues

  1. 1 Whether Mrs Patricia Lambo is the surviving spouse of the deceased and entitled to a Grant of Letters of Administration
  2. 2 Whether the Defendant, Mrs Esther Lambo, is also a surviving spouse and entitled to a Grant
  3. 3 Whether the marriage between the deceased and Mrs Patricia Lambo was dissolved by divorce

Ratio Decidendi

The Defendant failed to prove the alleged divorce between Mrs Patricia Lambo and the deceased. The evidence overwhelmingly established that Mrs Patricia Lambo was living with the deceased as his wife at the time of his death. Applying Rule 22 of the Non Contentious Probate Rules 1987, Mrs Patricia Lambo is entitled to a sole Grant of Letters of Administration. Even if the Defendant's marriage were recognised, it is just and expedient under section 116 of the Senior Courts Act 1981 to appoint Mrs Patricia Lambo alone as administrator.

Court Disposition

Claim allowed in favour of Mrs Patricia Lambo; Defendant's counterclaim dismissed.

Orders

  • Sole Grant of Letters of Administration to Mrs Patricia Lambo
  • Written submissions invited on rectification of death certificate