CHRISTINE HAWKEN v GEOFFREY RONALD JELBERT & Anor

CHRISTINE HAWKEN v GEOFFREY RONALD JELBERT & Anor

Clause 3 of the will is ambiguous; evidence of the deceased’s intention is admissible. The bequest under clause 3 extends to the land within the walled garden and the turning and parking area, but not the driveway. Ms. Hawken is entitled to a vehicular and pedestrian right of way at all times and for all purposes along the driveway from the B3311 to Ponsandane Meadow. Rectification and proprietary estoppel claims do not provide further relief beyond this construction.

Parties
Claimant: Christine Hawken; First Defendant: Geoffrey Ronald Jelbert; Second Defendant: Patrick Michael Gaskins
Jurisdiction
England and Wales
Judgment Date
03 October 2022
Procedural Posture
Probate/property Trusts / Judgment
Outcome
Declaration granted as to the extent of the bequest under clause 3 of the will.
Legal Topics
Will Construction, Rectification, Proprietary Estoppel, Easements
Probate Property Law Trusts Will Construction Rectification Proprietary Estoppel Easements

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Parties

Christine Hawken

Claimant

Geoffrey Ronald Jelbert

First Defendant

Patrick Michael Gaskins

Second Defendant

Procedural Posture

Probate/property Trusts / Judgment

Legal Issues

  1. 1 Construction of clause 3 of the will regarding extent of land bequeathed
  2. 2 Whether the will should be rectified under section 20 Administration of Justice Act 1982
  3. 3 Existence and scope of proprietary estoppel

Ratio Decidendi

Clause 3 of the will is ambiguous; evidence of the deceased’s intention is admissible. The bequest under clause 3 extends to the land within the walled garden and the turning and parking area, but not the driveway. Ms. Hawken is entitled to a vehicular and pedestrian right of way at all times and for all purposes along the driveway from the B3311 to Ponsandane Meadow. Rectification and proprietary estoppel claims do not provide further relief beyond this construction.

Court Disposition

Declaration granted as to the extent of the bequest under clause 3 of the will.

Orders

  • The bequest under clause 3 of the November 2014 will extends to convey the land within the walled garden and the turning and parking area to Ms Hawken.
  • Ms Hawken is entitled to a vehicular and pedestrian right of way at all times and for all purposes along the driveway presently leading from the B3311 to Ponsandane Meadow.