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ARTICLE · 03 JULY 2018

Throwing The Kitchen Sink At Will Disputes - Knowing When To Quit: Nutt & Nutt v Nutt

Withers LLP
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Sometimes, when challenging a will, it pays to run every possible argument – because you only have to succeed on one to achieve a positive outcome.

United KingdomLitigation, Mediation & Arbitration

Sometimes, when challenging a will, it pays to run every possible argument – because you only have to succeed on one to achieve a positive outcome. But running bad arguments can undermine the force of arguments that might otherwise be compelling.

And sometimes it's best just to accept your disappointment and not spend years and untold cost in litigation.

In Nutt & Nutt v Nutt, two siblings, Christopher and Vivienne, fought out a bitter dispute with their younger sibling Colin over which was their mother's last Will.

For reasons that are not clear from the Judgment, it took just over five years to get to trial, by which point Christopher was 73, Vivienne 71, and Colin 64.

Mrs Nutt had died in February 2013. She was 88. Serious health problems had marked the final decade of her life. All three children, to varying disputed degrees, shared the burden of supporting her.

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