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N RE THE MATTER OF IKIN, DECEASED sub nom COURT & ORS v DESPALLIERES

In the interests of justice and in light of the considerable complexity of a trial of the substantive case, the sole beneficiary of a disputed will against whom a freezing order had been obtained in respect of a deceased's estate was entitled to use sums from the estate, as were reasonable and agreed, to fund his reasonable legal expenses in the future.

13 October 2009

The applicant (X) applied to vary the terms of a worldwide freezing order to allow him to continue defending legal proceedings against him and to draw living expenses from the estate of the deceased. X, the deceased's civil partner, had been granted probate of the deceased's estate on the basis of a copy of a will purportedly executed by the deceased shortly before his death. The deceased's estate was considerable and, under the terms of the will as executed, X was the sole beneficiary. Soon after the grant of probate, X bought a number of expensive cars with money from the estate. Thereafter, the trustees and beneficiary of an earlier will (C) sought to revoke the grant of the will naming X as sole beneficiary and sought probate in respect of an earlier will on the basis of an allegation that the later will was a forgery. C successfully applied for a worldwide freezing order in respect of the deceased's estate as against X and he was also ordered to account for money stored in the ...

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