Jennison v Jennison & Anor [2022] EWCA Civ 1682 (21 December 2022)

Jennison v Jennison & Anor [2022] EWCA Civ 1682 (21 December 2022)

A foreign executor named in a will admissible to proof in England and Wales has standing to bring proceedings from the date of death, provided title can be proved by the time of trial via resealing or grant of probate; resealing does not operate retrospectively, but English law governs standing for administration of assets situated in England and Wales, and the claimant had standing when the claim was issued.

Citation
[2022] EWCA Civ 1682
Parties
Claimant/respondent: Glenda Joy Jennison (as personal representative of the estate of Graham Jennison deceased); Appellant/defendant: Richard Henry Jennison; Appellant/defendant: Gwyneth Mary Jennison
Jurisdiction
England and Wales
Judgment Date
21 December 2022
Procedural Posture
Appeal / Court of Appeal Judgment on Strike Out/summary Judgment Application
Outcome
Appeal dismissed; claimant had standing to bring proceedings.
Legal Topics
Standing of Foreign Executors, Resealing of Foreign Probate, Colonial Probates Act 1892, Retrospective Effect of Resealing, CPR 3.10 Procedural Errors
Civil Procedure Trusts and Estates Conflict of Laws Standing of Foreign Executors Resealing of Foreign Probate Colonial Probates Act 1892 Retrospective Effect of Resealing CPR 3.10 Procedural Errors

Case Brief

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Parties

Glenda Joy Jennison (as personal representative of the estate of Graham Jennison deceased)

Claimant/respondent

Richard Henry Jennison

Appellant/defendant

Gwyneth Mary Jennison

Appellant/defendant

Procedural Posture

Appeal / Court of Appeal Judgment on Strike Out/summary Judgment Application

Legal Issues

  1. 1 Does a foreign executor have standing to bring proceedings in England and Wales before resealing of probate?
  2. 2 Does resealing under the Colonial Probates Act 1892 operate retrospectively to cure lack of standing?
  3. 3 Can CPR 3.10 be used to remedy procedural defects in standing?

Ratio Decidendi

A foreign executor named in a will admissible to proof in England and Wales has standing to bring proceedings from the date of death, provided title can be proved by the time of trial via resealing or grant of probate; resealing does not operate retrospectively, but English law governs standing for administration of assets situated in England and Wales, and the claimant had standing when the claim was issued.

Court Disposition

Appeal dismissed; claimant had standing to bring proceedings.

Orders

  • Defendants' application for strike out/summary judgment dismissed.
  • Proceedings allowed to continue.