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11 APR 2007

FAMILY PROVISION: O'Brien v Seagrave [2007] EWHC 788 (Ch)

(Chancery Division; Judge Mackie QC sitting as a judge of the High Court; 4 April 2007)

The former partner of the deceased sought to revoke probate, challenging a will in favour of the deceased's son and former wife on the basis that the will was invalid, having been forged or obtained by undue influence. In the event that the will proved to be invalid, the deceased would be held to have died intestate, and his estate would pass to the deceased's brother, not to the former partner. The former partner was also claiming family provision under the Inheritance (Provision for Family and Dependants) Act 1975. The probate claim was struck out on the basis that the former partner had no interest in the estate.

The former partner was entitled to proceed with her probate claim; a statutory claim for provision from the deceased's estate amounted to sufficient interest in the estate.

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