Colin Randall launched proceedings to challenge the validity of his late mother-in-law’s Will having agreed with his wife, Hilary Randall, as part of their divorce settlement that if she inherited from her mother, then anything she received over £100,000 would be split equally with Mr Randall. Mrs Randall subsequently inherited from her mother £100,000 however her remaining estate, amounting to £150,000, was bequeathed to the children of Colin and Hilary Randall.
The Court of First Instance decided that Colin Randall did not have sufficient interest in the Will and therefore had no standing to bring a claim, whilst in the Court of Appeal, Mark Baxter, acting for Mrs Randall, argued that the only people capable of mounting a challenge to a Will were those parties with a legal right to administer the estate.
The Master of the Rolls, Lord Dyson ruled in a hearing on 10th May 2016 that ‘justice in the general sense requires the husband to bring a probate claim to set aside the Will’, emphasising the overriding obligation was to deal with cases justly and if Mr Randall did not have an interest in the estate there could be no other route for him to challenge the validity of his former mother-in-law’s Will.
Lord Dyson stated that: ‘If this claim did not fall within the probate jurisdiction, but fell within the general jurisdiction of the court, it is obvious that [he] would have a sufficient interest in the subject matter of this litigation to bring the claim. He is not a mere busybody. He has a real interest in challenging the validity of the Will.’
For advice regarding Wills, please contact Susan McCole.
