PT-2024-BRS-000056 - [2025] EWHC 2325 (Ch)

In addition to the present probate and rectification proceedings in the High Court, the claimants issued a separate claim against the respondent, under CPR Part 7. The claim form is dated 15 May 2024, but appears to have been issued by the County Court at Truro only on 6 June 2024. The claim is one for negligence in failing to make wills reflecting the deceased’s instructions, and so causing the claimants’ loss and damage. This loss and damage is stated to be both the costs of the High Court proceedings and the loss of the intended gifts under the 2009 will and/or the 1994 will. However, the negligence proceedings (and in particular the particulars of claim) have not yet been served on the respondent. So, the respondent does not yet know exactly how the claimants’ case against it is put.