An executor in Family Provision Act proceedings is not obliged to place before the court evidence supporting the plaintiff's case; the executor's duty to present all relevant evidence is limited to the purpose of contesting the claim and upholding the will. Summary dismissal under Pt 13 r 5 is available in Family Provision Act proceedings but will be appropriate only in rare cases given the breadth of discretion involved. Where a plaintiff in Family Provision Act proceedings fails to make full and meticulous disclosure of their financial position, the proceedings are liable to be dismissed.
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