Randall v Randall

Randall v Randall

The Claimant does not have an interest in the estate of Sylvia Joyce Corrall deceased sufficient to give him legal standing to bring a contentious probate claim. The requirement to show an interest in the estate is a substantive rule of common law, not merely procedural, and does not extend to creditors of...

Source-derived case information.

Parties
Claimant: Colin Alan Randall; Defendant: Hilary Ann Jocelyn Randall
Jurisdiction
England and Wales
Judgment Date
07 October 2014
Procedural Posture
Contentious Probate / Trial of Preliminary Issue
Outcome
Claim dismissed for lack of standing
Legal Topics
Standing in Probate Claims, Interest in Estate, Consent Orders in Divorce, Equitable Assignment, Creditors' Rights in Probate
Probate Family Law Civil Procedure Standing in Probate Claims Interest in Estate Consent Orders in Divorce Equitable Assignment Creditors' Rights in Probate

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Summary, issues, holding and outcome

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Parties

Colin Alan Randall

Claimant

Hilary Ann Jocelyn Randall

Defendant

Procedural Posture

Contentious Probate / Trial of Preliminary Issue

Legal Issues

  1. 1 Whether the Claimant has an interest in the estate of Sylvia Joyce Corrall deceased sufficient to give him legal standing to bring a contentious probate claim
  2. 2 Whether the requirement to have an interest in the estate is procedural or substantive
  3. 3 Whether the Claimant's right under a divorce consent order constitutes an interest in the estate

Ratio Decidendi

The Claimant does not have an interest in the estate of Sylvia Joyce Corrall deceased sufficient to give him legal standing to bring a contentious probate claim. The requirement to show an interest in the estate is a substantive rule of common law, not merely procedural, and does not extend to creditors of beneficiaries or those with only a contingent right under a consent order. The Claimant's entitlement under the divorce consent order is a personal claim against the Defendant, not an interest in the estate itself.

Court Disposition

Claim dismissed for lack of standing

Orders

  • The preliminary issue is answered in the negative: the Claimant does not have an interest in the estate sufficient to give him standing to bring a contentious probate claim.
  • Permission granted to amend the Reply and Defence to Counterclaim as indicated.