Thursday 13 January 2022
This is a second appeal. The Defendants appeal the order of Johnson J dated 14 April 2021, whereby he dismissed their appeal and made consequential costs orders.
This was an appeal against the decision of Deputy Master Arkush on a probate claim made by Rita Rea, who wished to establish the Will of her mother dated 7 December 2015. The 2015 Will left the principal asset in the estate, the mother’s property, to Rita alone. An earlier 1986 Will had divided the estate equally between the four siblings. The Defendants, the other siblings, resisted the claim. The Deputy Master found that Rita’s evidence was more persuasive than that of the Defendants and ordered that the 2015 Will was valid and should be admitted to probate.