Ellis v Ellis & Ors [2024] EWHC 3416 (Ch) (26 December 2024)

Ellis v Ellis & Ors [2024] EWHC 3416 (Ch) (26 December 2024)

The will of Yeamon Keith Care dated 23 August 2016 was validly executed in accordance with s.9 Wills Act 1837; the presumption of due execution was not rebutted by the evidence. Keith had testamentary capacity at the time of execution, applying the Banks v Goodfellow test, and the evidence did not establish that his personality traits or morphine use deprived him of capacity. He knew and approved the contents of the will. The proprietary estoppel claim failed as there was no clear and unequivocal assurance by Keith to Vivian, nor sufficient detrimental reliance or unconscionability to found an equity.

Citation
[2024] EWHC 3416 (Ch)
Parties
Claimant: Luke Ellis; First Defendant (executor): Stephen Ellis; Second Defendant (executor): Stephen Berryman; Third Defendant: Vivian Care
Jurisdiction
England and Wales
Judgment Date
26 December 2024
Procedural Posture
Probate/trusts Dispute / Final Judgment After Trial
Outcome
Claim allowed; will pronounced valid; proprietary estoppel claim dismissed
Legal Topics
Testamentary Capacity, Due Execution of Will, Knowledge and Approval, Proprietary Estoppel
Probate Trusts and Estates Property Law Testamentary Capacity Due Execution of Will Knowledge and Approval Proprietary Estoppel

Case Brief

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Parties

Luke Ellis

Claimant

Stephen Ellis

First Defendant (executor)

Stephen Berryman

Second Defendant (executor)

Vivian Care

Third Defendant

Procedural Posture

Probate/trusts Dispute / Final Judgment After Trial

Legal Issues

  1. 1 Whether the will of Yeamon Keith Care dated 23 August 2016 was validly executed
  2. 2 Whether the deceased had testamentary capacity at the time of executing the will
  3. 3 Whether the deceased knew and approved the contents of the will

Ratio Decidendi

The will of Yeamon Keith Care dated 23 August 2016 was validly executed in accordance with s.9 Wills Act 1837; the presumption of due execution was not rebutted by the evidence. Keith had testamentary capacity at the time of execution, applying the Banks v Goodfellow test, and the evidence did not establish that his personality traits or morphine use deprived him of capacity. He knew and approved the contents of the will. The proprietary estoppel claim failed as there was no clear and unequivocal assurance by Keith to Vivian, nor sufficient detrimental reliance or unconscionability to found an equity.

Court Disposition

Claim allowed; will pronounced valid; proprietary estoppel claim dismissed

Orders

  • Probate granted in solemn form to the will dated 23 August 2016
  • Third defendant's proprietary estoppel counterclaim dismissed