Jennison & Anor v Jennison [2022] EWHC 792 (Ch) (04 April 2022)

Jennison & Anor v Jennison [2022] EWHC 792 (Ch) (04 April 2022)

A foreign executor whose grant of probate is resealed in England and Wales under the Colonial Probates Act 1892 has standing to bring proceedings as executor, even if the resealing occurs after issue but before trial, as the authority derives from the will. The proceedings are not a nullity and any procedural defect can be cured under CPR 3.10. The lower court's exercise of discretion under CPR 3.10 was proper.

Citation
[2022] EWHC 792 (Ch)
Parties
Defendant/appellant: Richard Henry Jennison; Defendant/appellant: Mrs Gwyneth Mary Jennison; Claimant/respondent: Mrs Glenda Joy Jennison (as personal representative of the estate of Graham Jennison deceased)
Jurisdiction
England and Wales
Judgment Date
04 April 2022
Procedural Posture
Civil Appeal / Appeal From County Court Decision (business and Property Work)
Outcome
Appeal dismissed
Legal Topics
Standing of Foreign Executors, Resealing of Foreign Probate, Procedural Nullity and CPR 3.10, Colonial Probates Act 1892, Executor's Authority to Sue
Trusts and Estates Civil Procedure Standing of Foreign Executors Resealing of Foreign Probate Procedural Nullity and CPR 3.10 Colonial Probates Act 1892 Executor's Authority to Sue

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Parties

Richard Henry Jennison

Defendant/appellant

Mrs Gwyneth Mary Jennison

Defendant/appellant

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

Claimant/respondent

Procedural Posture

Civil Appeal / Appeal From County Court Decision (business and Property Work)

Legal Issues

  1. 1 Whether a foreign executor with probate not yet resealed in England and Wales has standing to issue proceedings before resealing
  2. 2 Whether such proceedings are a procedural nullity or can be cured under CPR 3.10
  3. 3 Whether the court below properly exercised discretion under CPR 3.10

Ratio Decidendi

A foreign executor whose grant of probate is resealed in England and Wales under the Colonial Probates Act 1892 has standing to bring proceedings as executor, even if the resealing occurs after issue but before trial, as the authority derives from the will. The proceedings are not a nullity and any procedural defect can be cured under CPR 3.10. The lower court's exercise of discretion under CPR 3.10 was proper.

Court Disposition

Appeal dismissed

Orders

  • Claimant awarded costs of the appeal, subject to detailed assessment.
  • Defendants to pay £16,000 on account of costs.