The Official Solicitor To the Senior Courts v Yemoh & Ors [2010] EWHC 3727 (Ch) (15 December 2010)

The Official Solicitor To the Senior Courts v Yemoh & Ors [2010] EWHC 3727 (Ch) (15 December 2010)

Polygamous marriages valid under the law of the deceased's domicile (Ghana) are recognised for succession to English real and personal property; all such spouses together constitute the 'spouse' for purposes of section 46 of the Administration of Estates Act 1925, entitling them collectively to a single statutory legacy and a joint life interest in half the residue, with all children (regardless of legitimacy) entitled to share in the estate.

Citation
[2010] EWHC 3727 (Ch)
Parties
Claimant: The Official Solicitor to the Senior Courts; Defendants: Yemoh & Others
Jurisdiction
England and Wales
Judgment Date
15 December 2010
Procedural Posture
Chancery Division Probate/intestacy / Judgment on Application for Guidance by Judicial Trustee
Outcome
Guidance granted; questions answered as set out in judgment.
Legal Topics
Recognition of Polygamous Marriages, Intestate Succession, Statutory Legacy, Legitimacy of Children, Distribution of Estate, Judicial Trustee Guidance
Succession Law Conflict of Laws Trusts and Estates Recognition of Polygamous Marriages Intestate Succession Statutory Legacy Legitimacy of Children Distribution of Estate +1 more

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Parties

The Official Solicitor to the Senior Courts

Claimant

Yemoh & Others

Defendants

Procedural Posture

Chancery Division Probate/intestacy / Judgment on Application for Guidance by Judicial Trustee

Legal Issues

  1. 1 Are polygamous marriages under Ghanaian Customary Law recognised for succession to real estate in England and Wales?
  2. 2 Do surviving polygamous spouses together constitute the 'spouse' for purposes of section 46 of the Administration of Estates Act 1925?
  3. 3 Is there a single statutory legacy or multiple legacies for multiple spouses?

Ratio Decidendi

Polygamous marriages valid under the law of the deceased's domicile (Ghana) are recognised for succession to English real and personal property; all such spouses together constitute the 'spouse' for purposes of section 46 of the Administration of Estates Act 1925, entitling them collectively to a single statutory legacy and a joint life interest in half the residue, with all children (regardless of legitimacy) entitled to share in the estate.

Court Disposition

Guidance granted; questions answered as set out in judgment.

Orders

  • Polygamous spouses recognised as 'spouse' for section 46 purposes and entitled collectively to statutory legacy and life interest.
  • Distribution to proceed on basis of schedule of children, subject to resolution of Mrs Adams' status.