Sykes v Richardson (No 2)

The second respondent, the executor of the estate of the deceased, brought proceedings against the first respondent, the executrix of the deceased's estate. The deceased had left a will that did not include the first respondent, and the first respondent sought to have it admitted to probate. The second respondent opposed the application, claiming that the deceased lacked testamentary capacity when the will was executed. The first respondent applied for an order for the second respondent to be examined in respect of his capacity and the circumstances of the execution of the will. The second respondent applied to set aside the ex parte orders for examination. The court was required to determine whether the second respondent's application should be granted. The court held that the second respondent had demonstrated a real prospect of successfully opposing the application for an order for examination. The court also held that the serious illness of the second respondent was a relevant factor in determining whether the examination of the second respondent should be set aside. The court held that the second respondent's illness was such that it was not practicable for him to be examined orally, and that it was not practicable for him to be examined in writing. The court exercised its discretion to set aside the ex parte orders for examination. The court ordered that the application to set aside the ex parte orders for examination be granted.