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England and Wales decisions
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Kanabar v Kanabar [2026] EWCA Civ 582 (15 May 2026)
The Court of Appeal held that a financial remedy appeal could not proceed without a personal representative for the deceased appellant's estate, and restored the district judge's order.
The appeal was dismissed because the Chief Master correctly applied the law and facts, balancing the interests of the deceased, family, and public, and made provision for the appellant to participate in the funeral and memorial. No error of law or principle was found, and there was no real prospect of success on Article 8 ECHR or factual grounds. Medical evidence did not justify adjournment, and fresh evidence did not meet Ladd v Marshall criteria.
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Hoarean v Read [2026] EWHC 763 (Ch) (23 March 2026)
The High Court dismissed a mother’s appeal over her son’s funeral and ashes, refused fresh evidence, and declined an adjournment based on medical evidence.
It is inappropriate to join the respondent as a costs-only party before particulars of negligence are served and before the outcome of the probate/rectification claim is known. Consolidation of the negligence and probate proceedings is appropriate as both arise from the same facts, enabling the respondent to participate substantively and allowing the court to order mediation. The claimants must serve particulars of claim in the negligence proceedings before mediation, after which the respondent is ordered to attend and participate in mediation. Proceedings are stayed pending mediation.
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AB v CD [2025] EWHC 3186 (Fam) (07 October 2025)
The High Court granted a mother’s application to arrange her adult son’s funeral, finding his wishes and closest connections were with Leeds rather than Lincoln.
The court found, on the balance of probabilities, that June Ashimola is alive, the death certificate and marriage certificate are forged or fraudulent, Mr Lasisi does not exist or was not married to Ms Ashimola, and the grant of letters of administration was obtained by fraud and must be revoked under s.121 and s.25(1) of the Senior Courts Act 1981 and the inherent jurisdiction of the court.
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Ivey & Ors v Lythgoe & Anor [2025] EWHC 2325 (Ch) (12 September 2025)
The High Court consolidated probate and negligence proceedings over disputed wills, refused costs-only joinder, and ordered mediation with the will-writing respondent.
The applicant, AB, is appointed administrator with exclusive responsibility for M's funeral arrangements, as evidence shows M's closest connections and likely wishes were with Leeds and his mother, not Lincoln and his father.
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Ashimola & Anor v Samuel & Anor [2025] EWHC 502 (Ch) (10 March 2025)
The High Court found June Ashimola was alive, held the marriage and probate documents were fraudulent, and revoked the grant of letters of administration.
Lambo v Lambo [2025] EWHC 2007 (Ch) (25 February 2025)
Patricia’s attempt to set aside a 2018 costs order for alleged fraud was dismissed. The court held the application was procedurally wrong and the alleged forgeries were not material.
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