Waite v Skilton & Ors [2024] EWHC 3153 (Ch) (09 December 2024)

Waite v Skilton & Ors [2024] EWHC 3153 (Ch) (09 December 2024)

The codicil is to be rectified by deleting the power of sale granted to the beneficiary (Peter Skilton) in clause 2(d), as its inclusion was a clerical error not reflecting the deceased's instructions. The term 'Manor Yard' in the codicil refers to 'Manor House Yard' (not the farm yard north of School Lane). The claim to rectify clause 4 of the 1985 will (personal chattels) fails. The application for wholesale removal of executors is refused; only the directors of Symes Bains Broomer Ltd are removed as executors, with no independent administrator appointed.

Citation
[2024] EWHC 3153 (Ch)
Parties
Claimant (pt 2024 LDS 000015), Defendant (pt 2023 LDS 000174): Jason Smith Waite; Defendant (pt 2024 LDS 000015), Defendant (pt 2023 LDS 000174): Peter Skilton; Defendant (pt 2024 LDS 000015), Defendant (pt 2023 LDS 000174): Judith Alloway; Defendant (pt 2024 LDS 000015), Claimant (pt 2023 LDS 000174): Andrew Samuel Horwich
Jurisdiction
England and Wales
Judgment Date
09 December 2024
Procedural Posture
Chancery Probate/trusts (rectification and Removal of Executors) / First Instance Judgment After Trial
Outcome
Partially allowed and partially refused
Legal Topics
Rectification of Wills, Construction of Testamentary Documents, Removal of Executors, Interpretation of Chattels and Land Bequests
Wills and Probate Trusts Property Law Rectification of Wills Construction of Testamentary Documents Removal of Executors Interpretation of Chattels and Land Bequests

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Parties

Jason Smith Waite

Claimant (pt 2024 LDS 000015), Defendant (pt 2023 LDS 000174)

Peter Skilton

Defendant (pt 2024 LDS 000015), Defendant (pt 2023 LDS 000174)

Judith Alloway

Defendant (pt 2024 LDS 000015), Defendant (pt 2023 LDS 000174)

Andrew Samuel Horwich

Defendant (pt 2024 LDS 000015), Claimant (pt 2023 LDS 000174)

Procedural Posture

Chancery Probate/trusts (rectification and Removal of Executors) / First Instance Judgment After Trial

Legal Issues

  1. 1 Proper construction of 'Manor Yard' in codicil
  2. 2 Whether codicil should be rectified regarding life interest vs right of residence and power of sale
  3. 3 Whether clause 4 of 1985 will (personal chattels) should be deleted

Ratio Decidendi

The codicil is to be rectified by deleting the power of sale granted to the beneficiary (Peter Skilton) in clause 2(d), as its inclusion was a clerical error not reflecting the deceased's instructions. The term 'Manor Yard' in the codicil refers to 'Manor House Yard' (not the farm yard north of School Lane). The claim to rectify clause 4 of the 1985 will (personal chattels) fails. The application for wholesale removal of executors is refused; only the directors of Symes Bains Broomer Ltd are removed as executors, with no independent administrator appointed.

Court Disposition

Partially allowed and partially refused

Orders

  • Codicil rectified by deletion of power of sale in clause 2(d) ('but they shall sell my House or the Contents at the Beneficiary's written request')
  • Declaration that 'Manor Yard' means 'Manor House Yard'