||All England Reporter
|| All ER (D) 30 (Sep)
|| EWHC 2243 (Ch)
||Ian Clarke (instructed by Alan Mann & Co) for the claimant.
||Colin Challenger and David Harris (instructed by Bretherton & Co) for the defendants.
||8 September 2006
Intestacy - Grant of administration - Revocation of grant - Discovery of will - Claimant discovering copy of will - Claimant being major beneficiary - Whether will genuine - Whether claimant rebutting presumption of revocation.
In a case where a copy of the testator's will had been discovered subsequent to a grant of administration, the court held that the copy of the will was genuine and that the claimant had rebutted the presumption that the failure to find the original led to the conclusion that the will had been destroyed and revoked by the deceased. Accordingly, the grant of administration was revoked and a pronouncement made in favour of the copy will.
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