Two weeks before his March 2025 death, Nicholas Cosh married Esther Jankey. His daughters challenge validity of this marriage which has the effect of nullifying their father’s earlier will, cutting them out of any inheritance.
The High Court ordered Ms Jankey not deal with any estate assets, pending a full court hearing into circumstances of their marriage.
Daughters Livia and Susannah claim their father did not have the cognitive ability for consent to marriage.
Wills Act rules automatically revoke a will made prior to marriage, unless the will specifically states it is signed in anticipation of marriage.
The court was told Ms Jankey is currently overseas.
The two daughters claim a 2017 will signed by their father should stand as his valid final will. They are the residuary beneficiaries. This will does include a cash gift to Ms Jankey, of GBP50,000.
No new will was signed subsequent to their marriage. Dying intestate means Ms Jankey, as his spouse, inherits under default inheritance rules in the Administration Act.
The daughters said they intend to challenge validity of the marriage. They said Ms Jankey has refused to engage meaningfully with them. They fear all estate assets will be dissipated before any Family Court decision on the marriage’s validity.
They also want to have Ms Jankey removed as administrator of their late father’s estate.
Justice McHerron ordered estate assets frozen pending a further court hearing. In the interim, any further decisions by Ms Jankey regarding estate assets require written approval from both of Mr Cosh’s daughters.
Cosh v. Jankey – High Court (1.09.25)
25.194