Curzon Green successfully represented the claimant in a will dispute, helping to secure an inheritance from their father. The deceased had purportedly made a will on the same day as his death, leaving his entire estate to his cohabiting partner, to the detriment of the claimant, the deceased’s daughter from an earlier relationship. The will was admitted to probate and the partner benefitted from the deceased’s estate, before she herself died a few years later, leaving behind no family of her own who were prepared to deal with her estate.
CG were instructed to assist with untangling the mess. Upon investigation of the deceased’s medical records, it became clear there were genuine doubts as to the father’s mental capacity at the time his deathbed will was prepared. On this basis, the team advanced a claim for revocation of the will and grant of probate, plus a refunding claim against the partner’s estate, in favour of the daughter. The claim was successful in its entirety. Subsequently, the claimant was able to rely on the judgment to apply for a grant of letters of administration in the partner’s estate (in the absence of any other willing administrators) as a creditor, in order to realise her inheritance and to recover her costs.
The case was chiefly handled by Steven Organ of our contentious probate team. Vanessa Ruparel subsequently dealt with obtaining the grant and administering the estate.