Oliver v Oliver [2024] EWHC 2289 (Ch)

Probate Claim

Eliza Eagling

This was a probate claim, with an alternative claim under the Inheritance (Provision for Family and Dependants) Act 1975 (the 1975 Act) in the event the later will was valid. This article considers a procedural point that arose, namely whether there should be a trial on the written evidence, as well as the substantive will validity challenges on the grounds of lack of formalities, testamentary capacity and undue influence. As the court held the later will invalid, there was no need to determine the alternative claim under the 1975 Act.