Hubbard & Martin v Scott and others - contentious probate
- Date: 28 February 2012
- Time: 12:45 to 14:00
- Venue: 16, Old Bailey, London, UK, EC4M 7EG
- Who should attend: Probate practitioners (contentious and non-contentious)
Joanna Toch of Lamb Building appeared for the claimants in a probate challenge asserting undue influence.
The claimants were daughters of a longstanding friend of the testator. They had visited him with their mother following the death of his wife.
The testator’s 1997 will left his entire estate to a neighbour, default to the claimants. The neighbour died in 2008.
At some point the third defendant began working for the testator as a cleaner. A friendship developed and she moved into the testator’s house. A friend of hers, the second defendant, arranged for the testator to give instructions for a new will to the first defendant, a local solicitor. The 2009 will, made just over a week before he died, left the testator’s entire estate to the third defendant.
The claimants contented that the third defendant had exerted undue influence over the testator to make the later will.
A two day hearing in the High Court before Mrs Justice Proudman addressed the necessary elements required to make out undue influence in a probate case.
Ms Toch will discuss the legal and factual background to the dispute and the factors influencing the decision which is reported at [2012] WTLR 29.
If you would like to attend please contact Anna Prescott via email or by calling +44 (0)20 7597 6089.