Henrietta Mason considers recent procedural developments in contentious succession
The last six months have seen some interesting substantive law developments in the disputed wills field, most notably the clarification of the appropriate test for testamentary capacity in Re Walker (Deceased) [2015] WTLR 493, and more recently, the reining in of the expanded doctrine of Donatio Mortis Causa by the Court of Appeal in King v Chiltern Dog Rescue [2015] EWCA Civ 581, [2015] All ER (D) 105 (Jun). While substantive developments are exciting and covered widely in the legal press, it pays not to overlook interesting procedural aspects, which can be used to bolster the litigator’s toolkit. There have been a few of note over the last year.
Taylor v Bell
Taylor v Bell [2015] EW Misc B3 (CC) provides an unusual example of an application to vary a consent order in relation to claim under the Inheritance (Provision for Family and Dependants) Act 1975 (the 1975 Act). Mr Gardiner’s will made no provision for his son, Miles Taylor, who therefore applied for reasonable provision under the 1975 Act. His application was
