Mary May & Ors v Timothy Stuart Middlemas & Anor

Mary May & Ors v Timothy Stuart Middlemas & Anor

The court found, on the balance of probabilities, that the Disputed Will was not genuine and was not signed by the Deceased. The signature was a forgery, as established by expert forensic evidence and corroborated by circumstantial evidence regarding the will's production and content. The estate is to be administered on the basis of intestacy.

Parties
Claimant: Mrs Mary May; Claimant: Mr Edmund William Knowles; Claimant: Mr Arthur Knowles; Claimant: Mr John Knowles; Claimant: Mrs Sandra Elizabeth Makin; Claimant: Mrs Elizabeth Molyneux (substituted by Mrs Pauline Hill); Defendant: Mr Timothy Stuart Middlemas; Defendant: Mr Jeffrey Knowles
Jurisdiction
England and Wales
Judgment Date
30 October 2024
Procedural Posture
Probate / Judgment After Trial (undefended)
Outcome
Disputed Will declared invalid; estate to be administered on intestacy.
Legal Topics
Validity of Will, Forgery, Intestacy, Letters of Administration
Succession Probate Trusts Validity of Will Forgery Intestacy Letters of Administration

Case Brief

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Parties

Mrs Mary May

Claimant

Mr Edmund William Knowles

Claimant

Mr Arthur Knowles

Claimant

Mr John Knowles

Claimant

Mrs Sandra Elizabeth Makin

Claimant

Mrs Elizabeth Molyneux (substituted by Mrs Pauline Hill)

Claimant

Mr Timothy Stuart Middlemas

Defendant

Mr Jeffrey Knowles

Defendant

Procedural Posture

Probate / Judgment After Trial (undefended)

Legal Issues

  1. 1 Whether the will dated 2 January 2020 is valid under section 9 of the Wills Act 1837
  2. 2 Whether the signature on the will is a forgery
  3. 3 Whether the estate should be distributed on intestacy

Ratio Decidendi

The court found, on the balance of probabilities, that the Disputed Will was not genuine and was not signed by the Deceased. The signature was a forgery, as established by expert forensic evidence and corroborated by circumstantial evidence regarding the will's production and content. The estate is to be administered on the basis of intestacy.

Court Disposition

Disputed Will declared invalid; estate to be administered on intestacy.

Orders

  • Pronouncement against the Disputed Will dated 2 January 2020.
  • Direction that a grant of letters of administration be issued on the grounds of intestacy.