Cushway v & Anor v Harris [2012] EWHC 2273 (Ch) (16 May 2012)

Cushway v & Anor v Harris [2012] EWHC 2273 (Ch) (16 May 2012)

The 2006 Wills were revoked because the defendant, who drafted and benefited from the Wills, failed to discharge the burden of proving knowledge and approval in circumstances that aroused the gravest suspicion. The earlier Wills were admitted to probate. Indemnity costs were awarded against the defendant due to his unreasonable conduct and failure to provide proper disclosure.

Citation
[2012] EWHC 2273 (Ch)
Parties
Claimant: Sara Danielle Cushway; Claimant: Sebastian Michael Elliot; Defendant: Michael Abraham Harris
Jurisdiction
England and Wales
Judgment Date
16 May 2012
Procedural Posture
Probate Action / Trial and Final Judgment
Outcome
Claim allowed. The 2006 Wills revoked. Earlier Wills admitted to probate. Indemnity costs awarded against the defendant. Referral to Director of Public Prosecutions ordered.
Legal Topics
Revocation of Probate, Knowledge and Approval, Testamentary Capacity, Indemnity Costs, Executor Misconduct
Probate Wills and Estates Civil Procedure Revocation of Probate Knowledge and Approval Testamentary Capacity Indemnity Costs Executor Misconduct

Case Brief

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Parties

Sara Danielle Cushway

Claimant

Sebastian Michael Elliot

Claimant

Michael Abraham Harris

Defendant

Procedural Posture

Probate Action / Trial and Final Judgment

Legal Issues

  1. 1 Whether the Wills dated 10 January 2006 should be revoked for want of knowledge and approval
  2. 2 Whether earlier Wills should be admitted to probate
  3. 3 Whether indemnity costs should be awarded against the defendant

Ratio Decidendi

The 2006 Wills were revoked because the defendant, who drafted and benefited from the Wills, failed to discharge the burden of proving knowledge and approval in circumstances that aroused the gravest suspicion. The earlier Wills were admitted to probate. Indemnity costs were awarded against the defendant due to his unreasonable conduct and failure to provide proper disclosure.

Court Disposition

Claim allowed. The 2006 Wills revoked. Earlier Wills admitted to probate. Indemnity costs awarded against the defendant. Referral to Director of Public Prosecutions ordered.

Orders

  • Declaration against validity of Wills dated 10 January 2006
  • Declaration in favour of Hannah Harris's Will dated 30 June 1998 and Rosette Harris's Will dated 12 October 2001