Aron Liebenthal v Shulam Liebenthal & Ors

The Beth Din files are not likely to support the first and third defendants' case or adversely affect the claimant's case regarding the validity of the 2005 Will or the Deceased's testamentary intentions in 2017. Disclosure is not necessary for fair disposal of the claim or to save costs. The application amounts to a fishing expedition and does not meet the threshold conditions for third party disclosure under CPR 31.17.

Parties: Claimant: Aron Liebenthal; First Defendant: Shulam Liebenthal; Second Defendant: Channa Engel; Third Defendant: Sara Marcovitz
Jurisdiction: England and Wales
Judgment Date: 13 February 2026
Procedural Posture: Probate Claim / Application for Third Party Disclosure
Outcome: application dismissed
Legal Topics: Third Party Disclosure, Will Validity, Testamentary Capacity, Knowledge and Approval, Undue Influence

Probate Civil Procedure Third Party Disclosure Will Validity Testamentary Capacity Knowledge and Approval Undue Influence

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Parties

Aron Liebenthal

Claimant

Shulam Liebenthal

First Defendant

Channa Engel

Second Defendant

Sara Marcovitz

Third Defendant

Procedural Posture

Probate Claim / Application for Third Party Disclosure

Legal Issues

1 Whether third party disclosure from the Beth Din should be ordered
2 Relevance of Beth Din files to testamentary intentions and will validity
3 Necessity of disclosure for fair disposal of the claim

Ratio Decidendi

Court Disposition

application dismissed