Clitheroe v Bond (Re Jean Mary Clitheroe Deceased) [2022] EWHC 2203 (Ch) (28 July 2022)

Clitheroe v Bond (Re Jean Mary Clitheroe Deceased) [2022] EWHC 2203 (Ch) (28 July 2022)

Jean Clitheroe suffered from a fixed, irrational delusion regarding her daughter's abuse allegations, which influenced the dispositions in both wills. The Deputy Master's findings on this delusion meet the legal test for testamentary incapacity, and neither will should be admitted to probate. The appeal is allowed on grounds 2 and 3, but the Decision is remade with the same result: Jean died intestate.

Citation
[2022] EWHC 2203 (Ch)
Parties
Claimant/appellant: John Keith Clitheroe; Defendant/respondent: Susan Jane Bond
Jurisdiction
England and Wales
Judgment Date
28 July 2022
Procedural Posture
Probate Appeal / Appeal Decision Following Remittal Hearing
Outcome
Appeal allowed in part; Decision remade with same result; neither will admitted to probate; Jean Clitheroe died intestate.
Legal Topics
Testamentary Capacity, Delusions, Intestacy, Burden of Proof, Affective Disorder, Poisoning of the Mind
Probate Mental Capacity Family Law Testamentary Capacity Delusions Intestacy Burden of Proof Affective Disorder +1 more

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Parties

John Keith Clitheroe

Claimant/appellant

Susan Jane Bond

Defendant/respondent

Procedural Posture

Probate Appeal / Appeal Decision Following Remittal Hearing

Legal Issues

  1. 1 Whether the test for testamentary capacity was correctly applied
  2. 2 Whether the deceased suffered from insane delusions affecting the validity of the wills
  3. 3 Whether the Deputy Master erred in findings regarding delusions and causation

Ratio Decidendi

Jean Clitheroe suffered from a fixed, irrational delusion regarding her daughter's abuse allegations, which influenced the dispositions in both wills. The Deputy Master's findings on this delusion meet the legal test for testamentary incapacity, and neither will should be admitted to probate. The appeal is allowed on grounds 2 and 3, but the Decision is remade with the same result: Jean died intestate.

Court Disposition

Appeal allowed in part; Decision remade with same result; neither will admitted to probate; Jean Clitheroe died intestate.

Orders

  • Estate to be distributed equally between John Keith Clitheroe and Susan Jane Bond under intestacy rules.
  • No remittal to a different judge; no further evidence to be adduced.