John Keith Clitheroe v Susan Jane Bond

John Keith Clitheroe v Susan Jane Bond

The Deputy Master was entitled to find that Jean Clitheroe suffered from an affective disorder resulting in a fixed, irrational delusion that her daughter was lying about sexual abuse, and that this delusion influenced the making of both disputed wills. The legal test for delusions requires a fixed irrational belief, and the burden was on the appellant to show the delusion did not affect the wills. The findings of fact and law justified refusing probate to both wills, resulting in intestacy.

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 Judgment After Remittal Hearing
Outcome
Appeal allowed in part; decision remade with same result; both wills refused probate; intestacy confirmed.
Legal Topics
Testamentary Capacity, Insane Delusions, Burden of Proof in Probate, Mental Capacity Act 2005, Banks V Goodfellow Test
Probate Mental Capacity Wills and Succession Testamentary Capacity Insane Delusions Burden of Proof in Probate Mental Capacity Act 2005 Banks V Goodfellow Test

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 7 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

John Keith Clitheroe

Claimant/appellant

Susan Jane Bond

Defendant/respondent

Procedural Posture

Probate Appeal / Appeal Judgment After Remittal Hearing

Legal Issues

  1. 1 Whether the Deputy Master applied the correct legal test for testamentary capacity and delusions
  2. 2 Whether the findings of fact supported the conclusion that the testatrix lacked capacity due to insane delusions
  3. 3 Whether any errors in law or approach were material to the outcome

Ratio Decidendi

The Deputy Master was entitled to find that Jean Clitheroe suffered from an affective disorder resulting in a fixed, irrational delusion that her daughter was lying about sexual abuse, and that this delusion influenced the making of both disputed wills. The legal test for delusions requires a fixed irrational belief, and the burden was on the appellant to show the delusion did not affect the wills. The findings of fact and law justified refusing probate to both wills, resulting in intestacy.

Court Disposition

Appeal allowed in part; decision remade with same result; both wills refused probate; intestacy confirmed.

Orders

  • Neither the 2010 nor 2013 will of Jean Clitheroe is admitted to probate.
  • Jean Clitheroe is deemed to have died intestate.