The Solicitor for the Affairs of HM Treasury v Doveton & Anor

The Solicitor for the Affairs of HM Treasury v Doveton & Anor

The disputed will was a forgery, evidenced by forged witness signatures, suspicious content, and lack of genuine connection between parties. Asset dispositions to Trixilis were made with the purpose of defeating creditors and are set aside under section 423 of the Insolvency Act 1986.

Source-derived case information.

Parties
Claimant: The Solicitor for the Affairs of Her Majesty’s Treasury; Defendant: Nicholas James Alexander Doveton; Defendant: Trixilis Investments Corporation
Jurisdiction
England and Wales
Judgment Date
13 November 2008
Procedural Posture
Probate Revocation and Asset Disposition / Final Judgment
Outcome
Grant of probate revoked; disputed will declared invalid; asset dispositions set aside under section 423 Insolvency Act 1986.
Legal Topics
Revocation of Grant of Probate, Forgery of Wills, Asset Disposition, Freezing Orders, Section 423 Insolvency Act 1986
Probate Insolvency Civil Procedure Revocation of Grant of Probate Forgery of Wills Asset Disposition Freezing Orders Section 423 Insolvency Act 1986

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Parties

The Solicitor for the Affairs of Her Majesty’s Treasury

Claimant

Nicholas James Alexander Doveton

Defendant

Trixilis Investments Corporation

Defendant

Procedural Posture

Probate Revocation and Asset Disposition / Final Judgment

Legal Issues

  1. 1 Whether the disputed will of Mrs Janovtchik was a forgery
  2. 2 Whether Mr Doveton’s dispositions of estate and personal assets were intended to defeat creditors under section 423 of the Insolvency Act 1986

Ratio Decidendi

The disputed will was a forgery, evidenced by forged witness signatures, suspicious content, and lack of genuine connection between parties. Asset dispositions to Trixilis were made with the purpose of defeating creditors and are set aside under section 423 of the Insolvency Act 1986.

Court Disposition

Grant of probate revoked; disputed will declared invalid; asset dispositions set aside under section 423 Insolvency Act 1986.

Orders

  • Revocation of grant of probate made in favour of Mr Doveton
  • Formal pronouncement against validity of the disputed will