Paul Hewitt and Adam Cloherty report on recent cases involving forgery and stale claims on insolvent estates
In O’Brien v Seagrave [2007] EWHC 788 (Ch), [2007] All ER (D) 56 (Apr) the claimant had been the deceased’s partner for 12 years before his death in January 2005. However, following the deceased’s death, the defendants—the deceased’s long estranged ex-wife, J, and her son, the deceased’s step-son, L—produced a purported will in which the deceased apparently left his entire estate to L and L’s children. The defendants procured probate of the will in September 2005.
The claimant alleged the purported will was a forgery on the basis that the deceased could not have been at L’s house at the time the will was said to have been executed there—it was apparently witnessed by L’s partner and a friend. She commenced proceedings for the revocation of probate and a declaration that the will was invalid. Part of the motivation for the claimant’s claim was that her Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) claim would be more valuable on intestacy than under the will.
