Stephenson & Anor v Daley & Anor [2026] EWHC 53 (Ch) (19 January 2026)

Stephenson & Anor v Daley & Anor [2026] EWHC 53 (Ch) (19 January 2026)

The deceased knew and approved the contents of her will, which was short, simple, and reflected her instructions given to the solicitor. The will was properly executed, the deceased had capacity, and there was no evidence of undue influence. The defendants' counterclaim was also barred by laches due to their unjustified delay, which prejudiced the claimants and the court's ability to determine the facts.

Citation
[2026] EWHC 53 (Ch)
Parties
Claimant: Clive Leonard Stephenson; Claimant: Thomas Robinson; Defendant: Gerard Anthony Daley; Defendant: Stephen Thomas Daley
Jurisdiction
England and Wales
Judgment Date
19 January 2026
Procedural Posture
Probate / Trial Judgment
Outcome
Claim allowed; counterclaim dismissed
Legal Topics
Knowledge and Approval of Will, Laches, Testamentary Capacity, Due Execution of Will
Probate Wills and Estates Knowledge and Approval of Will Laches Testamentary Capacity Due Execution of Will

Case Brief

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Parties

Clive Leonard Stephenson

Claimant

Thomas Robinson

Claimant

Gerard Anthony Daley

Defendant

Stephen Thomas Daley

Defendant

Procedural Posture

Probate / Trial Judgment

Legal Issues

  1. 1 Whether the deceased knew and approved the contents of her will dated 12 July 2016
  2. 2 Whether the defendants' counterclaim to set aside the will is barred by laches

Ratio Decidendi

The deceased knew and approved the contents of her will, which was short, simple, and reflected her instructions given to the solicitor. The will was properly executed, the deceased had capacity, and there was no evidence of undue influence. The defendants' counterclaim was also barred by laches due to their unjustified delay, which prejudiced the claimants and the court's ability to determine the facts.

Court Disposition

Claim allowed; counterclaim dismissed

Orders

  • Grant of probate in solemn form of the last will of Elaine Carol Reid dated 12 July 2016 to the claimants
  • Counterclaim dismissed