- No costs protection after late withdrawal of Will challenge (Goodwin v Avison)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- The legal background
- Due execution
- Fraud/undue influence and want of knowledge and approval
- The differing positions of the defendants
- Case details
Private Client analysis: The defendants challenged a Will made by Thomas Goodwin (Tom/the 2017 Will). All but one of the defendants challenged the 2017 Will on the basis of absence of due execution, want of knowledge and approval, and undue influence. The remaining defendant gave notice to cross-examine under CPR 57.7(5). In the course of the trial, the defendants agreed to a consent order which accepted the claimant’s position. There followed a hearing to determine the costs consequences for the defendants. The court held that the defendants were liable for the claimant’s costs. Written by Adam Stewart-Wallace, barrister, at Ten Old Square.
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