Glenda Joy Jennison v Richard Henry Jennison & Anor.

Glenda Joy Jennison v Richard Henry Jennison & Anor.

The claimant, as executor named in the will of a testator domiciled in New South Wales, derived title from the will and had standing to bring proceedings in England and Wales, provided she could prove her title by the time of trial through resealing of the foreign grant. The law of England and Wales governs the administration of assets within its jurisdiction, and the approach in Chetty v Chetty applies. Resealing under the Colonial Probates Act 1892 does not operate retrospectively, but the claimant's standing is determined by English law, not New South Wales law. CPR 3.10 cannot cure a nullity arising from lack of standing at commencement.

Parties
Claimant/respondent: Glenda Joy Jennison (as personal representative of the estate of Graham Jennison deceased); First Defendant/appellant: Richard Henry Jennison; Second Defendant/appellant: Gwyneth Mary Jennison
Jurisdiction
England and Wales
Judgment Date
21 December 2022
Procedural Posture
Civil Appeal / Appeal From County Court Decision on Strike Out/summary Judgment Application
Outcome
Appeal dismissed
Legal Topics
Standing of Foreign Executors, Resealing of Foreign Grants of Probate, Nullity of Proceedings, Retrospective Effect of Resealing, Application of CPR 3.10
Civil Procedure Trusts and Estates Conflict of Laws Standing of Foreign Executors Resealing of Foreign Grants of Probate Nullity of Proceedings Retrospective Effect of Resealing Application of CPR 3.10

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

First Defendant/appellant

Gwyneth Mary Jennison

Second Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From County Court Decision on Strike Out/summary Judgment Application

Legal Issues

  1. 1 Whether a foreign executor has standing to bring proceedings in England and Wales before resealing of foreign probate
  2. 2 Whether resealing of foreign probate under the Colonial Probates Act 1892 has retrospective effect
  3. 3 Whether CPR 3.10 can cure a nullity arising from lack of standing at commencement

Ratio Decidendi

The claimant, as executor named in the will of a testator domiciled in New South Wales, derived title from the will and had standing to bring proceedings in England and Wales, provided she could prove her title by the time of trial through resealing of the foreign grant. The law of England and Wales governs the administration of assets within its jurisdiction, and the approach in Chetty v Chetty applies. Resealing under the Colonial Probates Act 1892 does not operate retrospectively, but the claimant's standing is determined by English law, not New South Wales law. CPR 3.10 cannot cure a nullity arising from lack of standing at commencement.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.