Wesley v Chantler & Ors

Wesley v Chantler & Ors

The phrase 'pay the income of the Earl's Fund Trust to Lady Bathurst during her life' in the 2008 Statutory Codicil is ambiguous but, construed in context and with reference to the Court of Protection's intention, does not confer on Lady Bathurst a right to possession or use of the chattels; her entitlement is limited to income generated by the trust assets. As executrix, Lady Bathurst is not entitled to withhold assent of exempt chattels, but may reasonably withhold an unqualified assent of non-exempt chattels unless given a reasonable opportunity to inventory them and provided with exoneration from liability for missing or damaged items.

Parties
Claimant: The Right Hon Gloria Wesley, Dowager Countess Bathurst; Defendant: Michael Chantler; Defendant: Patrick Russell; Defendant: Timothy Moore; Defendant: Keith James Bruce-Smith; Defendant: Roger Hugh Knight Seelig; Defendant: James Felton Somers Hervey-Bathurst; Defendant: James William Jeremy Ritblat
Jurisdiction
England and Wales
Judgment Date
16 January 2018
Procedural Posture
Probate/trusts (part 8 Proceedings) / Judgment After Trial of Preliminary Issues
Outcome
Claim dismissed in part; directions refused; partial relief granted as to qualified assent of non-exempt chattels.
Legal Topics
Construction of Wills and Codicils, Duties of Personal Representatives, Interest in Possession, Assent of Chattels, Statutory Codicil, Court of Protection Powers
Trusts and Estates Probate Succession Law Construction of Wills and Codicils Duties of Personal Representatives Interest in Possession Assent of Chattels Statutory Codicil +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 18 Party arguments 2 Amounts and remedies 10
Sign in to unlock

Parties

The Right Hon Gloria Wesley, Dowager Countess Bathurst

Claimant

Michael Chantler

Defendant

Patrick Russell

Defendant

Timothy Moore

Defendant

Keith James Bruce-Smith

Defendant

Roger Hugh Knight Seelig

Defendant

James Felton Somers Hervey-Bathurst

Defendant

James William Jeremy Ritblat

Defendant

Procedural Posture

Probate/trusts (part 8 Proceedings) / Judgment After Trial of Preliminary Issues

Legal Issues

  1. 1 Whether Lady Bathurst, as executrix, may decline to execute a deed of assent of chattels to the trustees until she has opportunity to inspect and inventory the chattels at Cirencester Park ('the assent issue')
  2. 2 Whether, on construction of the 1998 Will and 2008 Statutory Codicil, Lady Bathurst is entitled to enjoy possession and use of any property subject to the Earl's Fund Trust ('the construction issue')

Ratio Decidendi

The phrase 'pay the income of the Earl's Fund Trust to Lady Bathurst during her life' in the 2008 Statutory Codicil is ambiguous but, construed in context and with reference to the Court of Protection's intention, does not confer on Lady Bathurst a right to possession or use of the chattels; her entitlement is limited to income generated by the trust assets. As executrix, Lady Bathurst is not entitled to withhold assent of exempt chattels, but may reasonably withhold an unqualified assent of non-exempt chattels unless given a reasonable opportunity to inventory them and provided with exoneration from liability for missing or damaged items.

Court Disposition

Claim dismissed in part; directions refused; partial relief granted as to qualified assent of non-exempt chattels.

Orders

  • Direction sought by Lady Bathurst to withhold assent of chattels until personal inspection refused.
  • Lady Bathurst to execute assent of exempt chattels to the trustees of the Earl's Fund Trust.