References: [2001] EWCA Civ 228
Links: Bailii
Coram: Robert Walker LJ
Ratio: The family sought to challenge admission to probate of the will saying that the signature on the will had been forged. They now sought permission to appeal.
Held: Leave was granted. The circumstances were extraordinary. The decision was marginal, but an appeal was not hopeless.
Jurisdiction: England and Wales
This case cites:
- Full Appeal – Fuller v Strum CA ([2002] WTLR 199, Times 22-Jan-02, Gazette 14-Feb-02, Bailii, [2001] EWCA Civ 1879, [2002] 2 All ER 87, [2002] 1 WLR 1087)
The appellant challenged a finding that only part of a will was valid. The part made a gift to his son, ‘albeit very grudgingly’, saying ‘I hate him like poison, that Irish bastard.’
Held: The onus on the propounder of a will to show that it . . - At First Instance – Fuller v Strum ChD (Gazette 08-Feb-01, Times 14-Feb-01, [2001] WTLR 677)
Mr Strum had come to England as a refugee from Nazi Germany. He had then left to live in Israel, but retained his property in London. A will was challenged on the basis that the signature had been forged. The two attesting witnesses asserted that . .
(This list may be incomplete)
This case is cited by:
- Leave application – Fuller v Strum CA ([2002] WTLR 199, Times 22-Jan-02, Gazette 14-Feb-02, Bailii, [2001] EWCA Civ 1879, [2002] 2 All ER 87, [2002] 1 WLR 1087)
The appellant challenged a finding that only part of a will was valid. The part made a gift to his son, ‘albeit very grudgingly’, saying ‘I hate him like poison, that Irish bastard.’
Held: The onus on the propounder of a will to show that it . . - See Also – Fuller v Strum CA (Bailii, [2001] EWCA Civ 1551)
The appellant was to challenge admission to probate of the will. He now sought fuller disclosure of the assets in the estate and their values for the purposes of the appeal.
Held: Application refused. The issue at the appeal would be not the . .
(This list may be incomplete)
Last Update: 08 February 2018
Ref: 200805
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