Jason Smith Waite v Peter Skilton & Ors

Jason Smith Waite v Peter Skilton & Ors

The codicil should be rectified to remove the power of sale granted to Mr Skilton as this was a clerical error not reflecting the deceased's instructions; the life interest trust stands as the deceased intended. 'Manor Yard' refers to Manor House Yard, not the farm yard. The will should not be rectified to delete clause 4. All executors are to be removed and replaced by a professional trustee due to conflict and inability to administer the estate.

Parties
Claimant (as Executor and Beneficiary of the Estate of Eileen Skilton Deceased): Jason Smith Waite; Defendant (as Executor and Beneficiary of the Estate of Eileen Skilton Deceased): Peter Skilton; Defendant (as Executrix of the Estate of Eileen Skilton Deceased): Judith Alloway; Defendant/claimant (as Executor and Representative of the Other Directors of Symes Bains Broomer Ltd): Andrew Samuel Horwich
Jurisdiction
England and Wales
Judgment Date
12 December 2024
Procedural Posture
Chancery (property Trusts and Probate) / Judgment After Trial
Outcome
Codicil rectified in part; all executors removed and replaced by Roythornes Trustees Ltd; directions for account by Mr Skilton; other rectification claims refused.
Legal Topics
Rectification of Wills, Construction of Testamentary Documents, Removal and Substitution of Executors, Interpretation of Chattels and Land Bequests
Succession Law Trusts and Estates Probate Rectification of Wills Construction of Testamentary Documents Removal and Substitution of Executors Interpretation of Chattels and Land Bequests

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Parties

Jason Smith Waite

Claimant (as Executor and Beneficiary of the Estate of Eileen Skilton Deceased)

Peter Skilton

Defendant (as Executor and Beneficiary of the Estate of Eileen Skilton Deceased)

Judith Alloway

Defendant (as Executrix of the Estate of Eileen Skilton Deceased)

Andrew Samuel Horwich

Defendant/claimant (as Executor and Representative of the Other Directors of Symes Bains Broomer Ltd)

Procedural Posture

Chancery (property Trusts and Probate) / Judgment After Trial

Legal Issues

  1. 1 Whether the codicil accurately reflected the wishes of Mrs Skilton or required rectification
  2. 2 Proper construction of terms in the codicil (e.g., 'Manor Yard')
  3. 3 Whether certain clauses should be rectified or deleted

Ratio Decidendi

The codicil should be rectified to remove the power of sale granted to Mr Skilton as this was a clerical error not reflecting the deceased's instructions; the life interest trust stands as the deceased intended. 'Manor Yard' refers to Manor House Yard, not the farm yard. The will should not be rectified to delete clause 4. All executors are to be removed and replaced by a professional trustee due to conflict and inability to administer the estate.

Court Disposition

Codicil rectified in part; all executors removed and replaced by Roythornes Trustees Ltd; directions for account by Mr Skilton; other rectification claims refused.

Orders

  • Codicil rectified by deletion in clause 2(d) of the words granting a power of sale to the beneficiary.
  • Declaration that 'Manor Yard' means Manor House Yard.