Contentious probate and estate administration: case digest and table on validity of wills, disclosure, personal representatives, construction/rectification, burial disputes, duties, costs and conflict of laws

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Validity of Wills

Appeal allowed: a revocation clause in an India‑focused will cancelled an earlier English will; s9(d) needs no re‑acknowledgement by witnesses.

Disclosure

The court endorsed a private hearing to seal HRH Prince Philip’s will, dismissing the Guardian’s transparency challenge.

Removal and replacement of personal representatives

Courts clarified English law governs foreign executors’ standing, prioritised grants amid polygamy, and appointed, replaced or removed PRs where administration was imperilled.

Interpretation, construction and rectification

Rulings highlight the need for clear residuary clauses, uphold plain wording, apply intended domiciliary law, and adopt pragmatic, swift construction and rectification.

Burial disputes

Decisions resolved intestacy burial forums, granted special guardians control, safeguarded Article 8 interests, and directed remains’ disposal in exceptional cases.

Personal representatives’ duties

Authorities addressed mortgage burdens on survivorship, circumscribed trustee remuneration, compelled accounts, and encouraged seeking directions when uncertain.

Estate accounts and solicitor fees

Courts withheld indemnities for disproportionate or self‑interested litigation, denied fees absent charging clauses or consent, and clarified assessment and privilege.

Abuse of process

A further action against estate executors was struck out as abusive re‑litigation of foreign‑determined claims.

Conflicts of laws

Amendments in group claims were permitted; the court considered private international law and the need for an English grant...

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Web page updated on 20/05/2026

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