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Land registration – Caution. The defendant children of the deceased had been excluded from his will and brought, or sought to bring, claims alleging interest in the deceased's estate. They applied to the land registry for a caution against first registration of property forming part of the estate. The application was granted in respect of a farm and another property. The executor of the deceased's estate applied for an order that the chief registrar to the land registry be directed to cancel the caution. The Chancery Division, in granting the application, held that, whilst the defendants' claims under the Inheritance (Provision for Family and Dependents) Act 1975 could not be dismissed as not seriously arguable, they would be unable to compensate the estate for any loss which it might suffer as a result of the caution remaining in place.
Land registration – Caution. The defendant children of the deceased had been excluded from his will and brought, or sought to bring, claims alleging interest in the deceased's estate. They applied to the land registry for a caution against first registration of property forming part of the estate. The application was granted in respect of a farm and another property. The executor of the deceased's estate applied for an order that the chief registrar to the land registry be directed to cancel the caution. The Chancery Division, in granting the application, held that, whilst the defendants' claims under the Inheritance (Provision for Family and Dependents) Act 1975 could not be dismissed as not seriously arguable, they would be unable to compensate the estate for any loss which it might suffer as a result of the caution remaining in place.
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