Source: All England Reporter
Publisher Citation: [2006] All ER (D) 60 (Oct)
Court: Chancery Division
Judge:

Judge Kaye QC sitting as a judge of the High Court

Representation James Brightwell (instructed by Lloyd Jones & Co, Westcliff On Sea) for the claimant.
  Evan Ashfield (instructed by Jefferies, Westcliff On Sea) for the defendant.
Judgment Dates: 5 October 2006

Catchwords

Will - Revocation - Evidence of revocation - Presumption of revocation - Missing will - Defendant relying on presumption that the deceased had destroyed will with intention of revoking it - Whether will revoked.

The Case

Where the defendant had relied on the presumption that the deceased had destroyed his will with the intention of revoking it, the court held on the evidence that the will had not been revoked. The will made by the deceased in 1992 had been lost, mislaid or destroyed by accident or neglect.

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