Clive Leonard Stephenson & Anor v Gerard Anthony Daley & Anor

Clive Leonard Stephenson & Anor v Gerard Anthony Daley & Anor

The deceased gave instructions for the will, which was short, simple, and reflected her wishes. She read and corrected it, and it was read over to her by a solicitor. There was no evidence of lack of knowledge or approval. The defendants' counterclaim was also barred by laches due to unjustified delay, which prejudiced the parties and the court.

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 / Judgment After Trial
Outcome
Claim allowed; counterclaim dismissed
Legal Topics
Testamentary Capacity, Knowledge and Approval, Laches, Grant of Probate, Will Validity
Probate Property Trusts Testamentary Capacity Knowledge and Approval Laches Grant of Probate Will Validity

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 / Judgment After Trial

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 gave instructions for the will, which was short, simple, and reflected her wishes. She read and corrected it, and it was read over to her by a solicitor. There was no evidence of lack of knowledge or approval. The defendants' counterclaim was also barred by laches due to unjustified delay, which prejudiced the parties and the court.

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