Debra Burton who specialises in Contentious Probate, shares her thoughts:
" Contentious Probate Law does not seem to stay still very long at the moment. Following on from the successful appeal in Ilott v Mitson, now another claimant has challenged the initial decision that as the ex husband of a beneficiary, he did not have legal standing to challenge the validity of the will which defeated his divorce settlement. As the most the ex husband could hope to achieve would be £75,000, it seems that this claim may now have become more about who should foot the very hefty costs bill rather than the validity or otherwise of the deceased’s will."
A divorced husband has obtained leave to challenge the validity of his former mother-in law's will, on the grounds that it was forged to defeat a divorce settlement under which he would receive a share of her estate. Colin Randall and Hilary Randall were divorced in 2006. The consent order that formalised their financial remedy agreement contained an undertaking by Mrs Randall concerning her expectations of an inheritance from her mother. Mrs Randall would keep anything she received from her mother's estate up to GBP100,000; but anything she got above that figure would be split 50:50 with her ex-husband. Both parties accepted that this agreement could not bind Hilary Randall's mother to any particular testamentary disposition – which is why this sort of conditional undertaking is rare.