Cushway v & Anor v Harris

Cushway v & Anor v Harris

The 2006 Wills were declared invalid because the defendant, who drafted and benefited from the Wills, failed to discharge the burden of proving knowledge and approval by the testatrices, especially in light of grave suspicions arising from the circumstances. The earlier Wills were admitted to probate. Indemnity costs were awarded against the defendant due to his unreasonable conduct in the litigation.

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 / Judgment After Trial
Outcome
Claim allowed; 2006 Wills declared invalid; earlier Wills admitted to probate; indemnity costs awarded against defendant; referral to Director of Public Prosecutions ordered.
Legal Topics
Revocation of Probate, Knowledge and Approval, Testamentary Capacity, Due Execution of Wills, Costs (indemnity Basis)
Probate Wills and Estates Revocation of Probate Knowledge and Approval Testamentary Capacity Due Execution of Wills Costs (indemnity Basis)

Case Brief

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Parties

Sara Danielle Cushway

Claimant

Sebastian Michael Elliot

Claimant

Michael Abraham Harris

Defendant

Procedural Posture

Probate / Judgment After Trial

Legal Issues

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

Ratio Decidendi

The 2006 Wills were declared invalid because the defendant, who drafted and benefited from the Wills, failed to discharge the burden of proving knowledge and approval by the testatrices, especially in light of grave suspicions arising from the circumstances. The earlier Wills were admitted to probate. Indemnity costs were awarded against the defendant due to his unreasonable conduct in the litigation.

Court Disposition

Claim allowed; 2006 Wills declared invalid; earlier Wills admitted to probate; indemnity costs awarded against 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