A recent decision in an estate administration case clarifies the correct approach to disclosure in Part 8 claims, confirming that more flexibility is available than may at first appear.
Russell-Cooke associate Andrew Morgan explains in Solicitors Journal that the courts can order additional disclosure of witness evidence, but that there could be costs consequences.
Revisiting Part 8 disclosure was first published in the January 2021 edition of Solicitors Journal and is free to read here.
Andrew is an associate in the trust and estate disputes team.
Andrew acts for both claimants and defendants in relation to a range of disputes, including claims made pursuant to the Inheritance (Provision for Family and Dependants) Act 1975 ('the 1975 Act'), domicile disputes, will challenges, will construction and rectification claims, claims concerning the beneficial ownership of property and trust, estate and administration issues.