The Official Solicitor To the Senior Courts v Yemoh & Ors

The Official Solicitor To the Senior Courts v Yemoh & Ors

Polygamous marriages valid under the law of the deceased's domicile (Ghana) are recognised for the purposes of succession to English real and personal property. All such widows together constitute the 'spouse' under section 46 of the Administration of Estates Act 1925, entitling them collectively to a single statutory legacy, to be shared equally, and a joint life interest in half the residue until the last widow's death. All children, regardless of legitimacy, are entitled to share in the estate. Benefits received under Ghanaian intestacy are not to be brought into account. The Official Solicitor may rely on the schedule of children for distribution, subject to resolving one disputed...

Parties
Claimant: The Official Solicitor to the Senior Courts; Defendants: Yemoh & Others
Jurisdiction
England and Wales
Judgment Date
15 December 2010
Procedural Posture
Probate/intestacy Application / Judgment on Application for Directions/guidance
Outcome
Application for directions allowed; guidance given on all questions posed by the Official Solicitor.
Legal Topics
Recognition of Polygamous Marriages, Intestate Succession, Distribution of Estate, Legitimacy of Children, Statutory Legacy, Judicial Trustee Guidance
Succession Law Conflict of Laws Trusts and Estates Recognition of Polygamous Marriages Intestate Succession Distribution of Estate Legitimacy of Children Statutory Legacy +1 more

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Parties

The Official Solicitor to the Senior Courts

Claimant

Yemoh & Others

Defendants

Procedural Posture

Probate/intestacy Application / Judgment on Application for Directions/guidance

Legal Issues

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

Ratio Decidendi

Polygamous marriages valid under the law of the deceased's domicile (Ghana) are recognised for the purposes of succession to English real and personal property. All such widows together constitute the 'spouse' under section 46 of the Administration of Estates Act 1925, entitling them collectively to a single statutory legacy, to be shared equally, and a joint life interest in half the residue until the last widow's death. All children, regardless of legitimacy, are entitled to share in the estate. Benefits received under Ghanaian intestacy are not to be brought into account. The Official Solicitor may rely on the schedule of children for distribution, subject to resolving one disputed...

Court Disposition

Application for directions allowed; guidance given on all questions posed by the Official Solicitor.

Orders

  • Polygamous widows recognised as 'spouse' for section 46 purposes.
  • Single statutory legacy to be shared equally among widows.