Clitheroe v Bond

Clitheroe v Bond

John Clitheroe failed to prove that Jean Mary Clitheroe was not suffering from an affective disorder or insane delusions at the time of making her 2010 and 2013 wills. The court found that Jean suffered from a complex grief reaction and persistent affective disorder following her daughter's death, resulting in delusional beliefs about Susan Bond that directly influenced the exclusion of Susan from her estate. These delusions and the affective disorder impaired Jean's testamentary capacity, rendering both wills invalid. There was insufficient evidence to find that John induced these beliefs amounting to fraudulent calumny.

Parties
Claimant: John Clitheroe; Defendant: Susan Bond
Jurisdiction
England and Wales
Judgment Date
21 May 2020
Procedural Posture
Probate/contested Wills / Judgment After Trial
Outcome
Both the 2010 and 2013 wills of Jean Mary Clitheroe are invalid for want of testamentary capacity; Jean died intestate.
Legal Topics
Testamentary Capacity, Fraudulent Calumny, Affective Disorder, Delusions, Burden of Proof
Probate Succession Mental Capacity Testamentary Capacity Fraudulent Calumny Affective Disorder Delusions Burden of Proof

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Parties

John Clitheroe

Claimant

Susan Bond

Defendant

Procedural Posture

Probate/contested Wills / Judgment After Trial

Legal Issues

  1. 1 Whether the deceased, Jean Mary Clitheroe, had testamentary capacity when making her 2010 and 2013 wills
  2. 2 Whether either or both wills resulted from fraudulent calumny
  3. 3 Whether Jean suffered from a complex grief reaction or affective disorder affecting capacity

Ratio Decidendi

John Clitheroe failed to prove that Jean Mary Clitheroe was not suffering from an affective disorder or insane delusions at the time of making her 2010 and 2013 wills. The court found that Jean suffered from a complex grief reaction and persistent affective disorder following her daughter's death, resulting in delusional beliefs about Susan Bond that directly influenced the exclusion of Susan from her estate. These delusions and the affective disorder impaired Jean's testamentary capacity, rendering both wills invalid. There was insufficient evidence to find that John induced these beliefs amounting to fraudulent calumny.

Court Disposition

Both the 2010 and 2013 wills of Jean Mary Clitheroe are invalid for want of testamentary capacity; Jean died intestate.

Orders

  • Neither the 2010 nor the 2013 will is to be admitted to probate.
  • The estate of Jean Mary Clitheroe is to be administered as on intestacy.