Christopher Richard Lattimer v Maria Karamanoli

Christopher Richard Lattimer v Maria Karamanoli

The defendant has a real prospect of success in arguing that the Will was made in contemplation of marriage or should be rectified; the evidence is incomplete and requires cross-examination; the defendant's arguments that the marriage was void or of no legal effect have no real prospect of success and are struck out; summary judgment is refused.

Parties
Claimant: Christopher Richard Lattimer; Defendant: Maria Karamanoli
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Probate/family/property Trusts / Interlocutory Applications: Summary Judgment, Strike Out, and Amendment of Pleadings
Outcome
Claimant's application for summary judgment dismissed; permission to amend defence and counterclaim refused insofar as it alleges the marriage is void or of no legal effect; those passages struck out.
Legal Topics
Revocation of Will by Marriage, Interpretation of Wills, Rectification of Wills, Validity of Marriage, Summary Judgment, Strike Out Applications
Probate Family Law Trusts and Estates Revocation of Will by Marriage Interpretation of Wills Rectification of Wills Validity of Marriage Summary Judgment +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 6 Authorities cited 22 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Christopher Richard Lattimer

Claimant

Maria Karamanoli

Defendant

Procedural Posture

Probate/family/property Trusts / Interlocutory Applications: Summary Judgment, Strike Out, and Amendment of Pleadings

Legal Issues

  1. 1 Whether the Will was revoked by marriage under section 18 of the Wills Act 1837
  2. 2 Whether the Will was made in contemplation of marriage
  3. 3 Whether the Will should be rectified to reflect the testator's intentions

Ratio Decidendi

The defendant has a real prospect of success in arguing that the Will was made in contemplation of marriage or should be rectified; the evidence is incomplete and requires cross-examination; the defendant's arguments that the marriage was void or of no legal effect have no real prospect of success and are struck out; summary judgment is refused.

Court Disposition

Claimant's application for summary judgment dismissed; permission to amend defence and counterclaim refused insofar as it alleges the marriage is void or of no legal effect; those passages struck out.

Orders

  • Application for summary judgment dismissed
  • Permission to amend defence and counterclaim refused as to marriage validity allegations