- Third-party disclosure against witnesses to Will (Gardiner v Tabet)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Private Client analysis: The High Court has ordered two friends of the deceased involved in drafting and witnessing his disputed Will to give extensive disclosure of their communications with the testator and with the main beneficiary. Neither were parties to the claim, nor were any allegations of wrongdoing made against them. Nevertheless, the court held that given the quasi-inquisitorial nature of probate proceedings it was necessary for the court to have full and frank information as to the circumstances in which the Will was created. Written by Aidan Briggs, barrister, at New Square Chambers.
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