Millard v Stone and Ors [2022] JRC 262 (30 November 2022)

Millard v Stone and Ors [2022] JRC 262 (30 November 2022)

Amendments to challenge 2015 and 2017 Wills and plead Rapport a la Masse allowed; amendments seeking account and derivative claims refused as special circumstances not established and executor should pursue such claims; practicality and conflict arguments insufficient to justify derivative action.

Citation
[2022] JRC 262
Parties
Plaintiff: Millard; Defendants: Cox and Ors; Executor: Fourth Defendant
Jurisdiction
Jersey
Judgment Date
30 November 2022
Procedural Posture
Civil / Interlocutory Application to Amend Pleadings
Outcome
Application to amend allowed in part, refused in part.
Legal Topics
Amendment of Pleadings, Derivative Claims, Undue Influence, Capacity, Discovery, Rapport a La Masse
Probate Trusts Civil Procedure Amendment of Pleadings Derivative Claims Undue Influence Capacity Discovery +1 more

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Parties

Millard

Plaintiff

Cox and Ors

Defendants

Fourth Defendant

Executor

Procedural Posture

Civil / Interlocutory Application to Amend Pleadings

Legal Issues

  1. 1 Whether plaintiff may amend order of justice to include claims to set aside 2015 and 2017 Wills
  2. 2 Whether plaintiff may plead derivative claims for account against defendants
  3. 3 Whether amendments relating to lifetime gifts and Rapport a la Masse are permissible

Ratio Decidendi

Amendments to challenge 2015 and 2017 Wills and plead Rapport a la Masse allowed; amendments seeking account and derivative claims refused as special circumstances not established and executor should pursue such claims; practicality and conflict arguments insufficient to justify derivative action.

Court Disposition

Application to amend allowed in part, refused in part.

Orders

  • Amendments relating to 2015 and 2017 Wills permitted.
  • Amendments for Rapport a la Masse permitted.