Creditor of beneficiary has standing to challenge Will

Randall v Randall (2016) 30 TRU 05 2, [2016] EWCA Civ 494, 27 May 2016

The Court of Appeal considered a hitherto unclear point of law – whether creditors of a beneficiary of the estate had sufficient interest to challenge a Will. The parties before the court had been married, but were divorced. As part of the divorce settlement, it had been agreed that if the wife’s mother left her more than £100,000, the wife would retain £100,000 and the balance over that amount would be shared with the husband. When the wife’s mother died, she left £100,000 to the wife and the balance of about £150,000 to the wife’s children. The husband sought to challenge the Will on the ground that the mother had not intended to give effect to the Will by her signature. Deputy Master Collaco Moraes decided that the husband did not have standing to bring those proceedings.