Olivia Priscilla James v Jonathan Sylvester James

Facts

Constantia James died on 26 February 2023, leaving a will dated 15 July 1994. Clause 9 gave her residuary estate on trust for her two sons, Mark Anthony James and Jonathan Sylvester James, "as shall survive me and attain the age of Twenty One years", in equal shares, with a proviso for substitution of issue if the sons died before attaining a vested interest. Mark died on 19 September 2017, survived by his only child, the claimant Olivia Priscilla James. The defendant, Jonathan Sylvester James, survived the Deceased and has several children of his own. By a Part 8 claim dated 18 September 2025 the claimant sought relief including the removal of the defendant as executor of the estate under section 50 of the Administration of Justice Act 1982; her standing to do so depended on her being a beneficiary under clause 9. At the first hearing Master McQuail raised the construction issue and gave directions, and the claimant issued an application dated 17 March 2026 for its determination, her evidence being that the drafting solicitors retained no file. The defendant, acting in person, filed a response on 8 April 2026 which was neither signed nor verified by a statement of truth, and at the hearing on 6 July 2026 his application for an adjournment to obtain legal advice was refused.