||All England Reporter
|| All ER (D) 60 (Oct)
Judge Kaye QC sitting as a judge of the High Court
||James Brightwell (instructed by Lloyd Jones & Co, Westcliff On Sea) for the claimant.
||Evan Ashfield (instructed by Jefferies, Westcliff On Sea) for the defendant.
||5 October 2006
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.
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deceased had destroyed his will with the intention of revoking it, the court held on the evidence that the will had not been revoked.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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