Key Facts
- •Mr. Jones claims a grant of probate in solemn form under David Charles Turner's 2013 will.
- •The original will is missing.
- •The third defendant, Linda Cano (Mr. Turner's sister), opposes the claim, relying on the presumption of revocation and claiming intestacy.
- •Mr. Turner died on 20 August 2017.
- •The 2013 will leaves the residuary estate, including Woodside Farm, to Mr. Jones.
- •The will explicitly disinherits Linda Cano.
- •Extensive searches for the original will were conducted but unsuccessful.
- •Evidence suggests Mr. Turner was disorganized in managing his documents.
Legal Principles
A will can only be revoked by another will, codicil, writing declaring revocation, or destruction with intent to revoke.
Section 20 of the Wills Act 1837
If a will last in the testator's possession is missing, there is a presumption of revocation by destruction.
Welch v Phillips (1836) 1 Moore CC 299; Williams on Wills; Williams, Mortimer & Sunnucks
The presumption of revocation is rebuttable on the balance of probabilities.
Williams on Wills; Williams, Mortimer & Sunnucks
The court considers all relevant evidence, including the testator's character and habits, to determine whether the presumption is rebutted.
Re Yule (Deceased) (1965) 109 Sol J 317; Rowe v Clarke [2005] EWHC 3068 (Ch); Re Whelen (Deceased) [2015] EWHC 3301 (Ch)
Outcomes
Grant of probate in solemn form based on copies of the 2013 will.
The court found the presumption of revocation was of minor weight due to Mr. Turner's disorganized nature. Overwhelming evidence showed Mr. Turner did not intend to revoke the will, and his testamentary intentions remained unchanged until his death.
Caveats entered against Mr. Turner's estate discharged.
Consistent with granting probate.