Steven Maile & Anor v Ruth Elizabeth Maile & Ors

Steven Maile & Anor v Ruth Elizabeth Maile & Ors

The deceased had testamentary capacity and knew and approved the 2016 and 2017 Codicils; no undue influence was established. No actionable proprietary estoppel arose as there were no clear assurances or reliance, and no net detriment. The Claimants and their parents had no right to occupy the Farm after 12 months from the deceased's death under the Partnership Agreement. The counterclaim for possession and mesne profits succeeds.

Parties
Claimant: Steven Maile; Claimant: John Maile; Defendant: Ruth Elizabeth Maile; Defendant: Sheila Mary Kempthorne; Defendant: Gemma Marie Kempthorne; Defendant: Pippa Elizabeth Smith; Defendant: Peter Maile
Jurisdiction
England and Wales
Judgment Date
10 June 2025
Procedural Posture
Probate and Proprietary Estoppel / Final Judgment After Trial
Outcome
Claim dismissed; counterclaim allowed
Legal Topics
Testamentary Capacity, Knowledge and Approval, Undue Influence, Proprietary Estoppel, Partnership Law, Counterclaim for Possession, Mesne Profits
Probate Property Law Equity Testamentary Capacity Knowledge and Approval Undue Influence Proprietary Estoppel Partnership Law +2 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 6 Authorities cited 18 Party arguments 2 Amounts and remedies 8
Sign in to unlock

Parties

Steven Maile

Claimant

John Maile

Claimant

Ruth Elizabeth Maile

Defendant

Sheila Mary Kempthorne

Defendant

Gemma Marie Kempthorne

Defendant

Pippa Elizabeth Smith

Defendant

Peter Maile

Defendant

Procedural Posture

Probate and Proprietary Estoppel / Final Judgment After Trial

Legal Issues

  1. 1 Whether the 2016 and 2017 Codicils are valid (testamentary capacity, knowledge and approval, undue influence)
  2. 2 Whether proprietary estoppel entitles Claimants to the Farm
  3. 3 Whether Claimants and their parents are liable for possession and mesne profits

Ratio Decidendi

The deceased had testamentary capacity and knew and approved the 2016 and 2017 Codicils; no undue influence was established. No actionable proprietary estoppel arose as there were no clear assurances or reliance, and no net detriment. The Claimants and their parents had no right to occupy the Farm after 12 months from the deceased's death under the Partnership Agreement. The counterclaim for possession and mesne profits succeeds.

Court Disposition

Claim dismissed; counterclaim allowed

Orders

  • Claimants' claims dismissed
  • Pronouncement for validity of 2016 and 2017 Codicils