Wesley v Chantler & Ors [2018] EWHC 21 (Ch) (16 January 2018)

Wesley v Chantler & Ors [2018] EWHC 21 (Ch) (16 January 2018)

Lady Bathurst is not entitled to withhold assent of exempt chattels to the trustees of the Earl's Fund, but may reasonably withhold an unqualified assent of non-exempt chattels until she has had a reasonable opportunity to obtain a comprehensive inventory; a qualified assent may not be unreasonably withheld if the...

Source-derived case information.

Citation
[2018] EWHC 21 (Ch)
Parties
Claimant: Dowager Countess Bathurst (Lady Bathurst); Defendants: Trustees of the Earl's Fund (D1-3); Defendants: Trustees of the Earl Bathurst 1963 Estate Settlement (D4-7)
Jurisdiction
England and Wales
Judgment Date
16 January 2018
Procedural Posture
CPR Part 8 Proceedings (probate/trusts) / Judgment After Trial of Two Preliminary Issues
Outcome
Partial relief granted; direction sought by Lady Bathurst declined in part.
Legal Topics
Construction of Wills, Assent of Chattels, Interest in Possession, Statutory Codicil, Duties of Personal Representatives
Probate Trusts and Estates Wills Equity Construction of Wills Assent of Chattels Interest in Possession Statutory Codicil +1 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 16 Party arguments 2 Amounts and remedies 13
Sign in to unlock

Parties

Dowager Countess Bathurst (Lady Bathurst)

Claimant

Trustees of the Earl's Fund (D1-3)

Defendants

Trustees of the Earl Bathurst 1963 Estate Settlement (D4-7)

Defendants

Procedural Posture

CPR Part 8 Proceedings (probate/trusts) / Judgment After Trial of Two Preliminary Issues

Legal Issues

  1. 1 Whether Lady Bathurst, as executrix, may decline to execute a deed of assent of chattels to the trustees of the Earl's Fund until she has had an opportunity to inspect and make a full inventory of the chattels at Cirencester Park ('the assent issue')
  2. 2 Whether, on the correct construction of the 1998 Will and 2008 Statutory Codicil, Lady Bathurst is entitled to enjoy possession and use of any property subject to the Earl's Fund Trust ('the construction issue')

Ratio Decidendi

Lady Bathurst is not entitled to withhold assent of exempt chattels to the trustees of the Earl's Fund, but may reasonably withhold an unqualified assent of non-exempt chattels until she has had a reasonable opportunity to obtain a comprehensive inventory; a qualified assent may not be unreasonably withheld if the trustees provide suitable exoneration from liability. On construction, Lady Bathurst's right to use and enjoy the chattels is not absolute but subject to the terms of the trust and the trustees' discretion.

Court Disposition

Partial relief granted; direction sought by Lady Bathurst declined in part.

Orders

  • Lady Bathurst is not entitled to withhold assent of exempt chattels to the trustees of the Earl's Fund.
  • Lady Bathurst may withhold unqualified assent of non-exempt chattels until a reasonable opportunity for inventory is provided; a qualified assent may not be unreasonably withheld if suitable exoneration is given by the trustees.