Ball v Ball [2017] 1 EWHC 1750 (Ch)

WTLR Issue: Autumn 2017 #169





The Deceased was married to James Ball. They had had eleven children, including the three claimants and eight of the nine defendants. In or around 1991, the family split, when the three claimants reported their father to the police for sexually abusing them when they were younger. The Deceased felt that the complaints were exaggerated, and was annoyed that they had been made public. As a result, on 27 May 1992 the Deceased made a will excluding those three claimants from benefit, dividing her estate between her eight remaining children and one of her grandsons. The will was professional drafted. Their father was prosecuted in respect of the sexual abuse allegations, and pleaded guilty to indecent assault upon the second claimant, and incest and indecent assault upon the third claimant. The Deceased lived a further 20 years, but never changed her will.

Counsel details

Barry Havenhand (instructed through Direct Access) for the Claimants. The third, fourth, fifth, sixth and eighth defendants appeared in person The first, second, seventh, and ninth defendants did not appear and were not represented

Legislation referenced

Legislation in bold has further reading - click to view.