Cooper & Anor v Chapman & Ors (Re estate of Steven Philip Cooper probate) [2022] EWHC 1000 (Ch) (06 May 2022)

Cooper & Anor v Chapman & Ors (Re estate of Steven Philip Cooper probate) [2022] EWHC 1000 (Ch) (06 May 2022)

The court found, on the balance of probabilities, that Dr Cooper executed the 2018 will in accordance with the formalities of s.9 of the Wills Act 1837, that the will was in the terms of the draft in evidence, and that the presumption of revocation by destruction was rebutted; Dr Cooper did not destroy the will with the intention of revoking it.

Citation
[2022] EWHC 1000 (Ch)
Parties
Claimant: Lauren Victoria Cooper; Claimant: Jessica Rose Cooper; First Defendant: Karen Marie Chapman; Second Defendant: Judith Geraldine Edwards; Third Defendant: Anne Hatton
Jurisdiction
England and Wales
Judgment Date
06 May 2022
Procedural Posture
Probate / Trial of Preliminary Issues
Outcome
Preliminary issues determined in favour of Ms Chapman; 2018 will found to have been duly executed and not revoked by destruction.
Legal Topics
Execution of Wills, Revocation of Wills, Lost Wills, Testamentary Capacity, Formalities Under Wills Act 1837
Wills and Probate Trusts Execution of Wills Revocation of Wills Lost Wills Testamentary Capacity Formalities Under Wills Act 1837

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Parties

Lauren Victoria Cooper

Claimant

Jessica Rose Cooper

Claimant

Karen Marie Chapman

First Defendant

Judith Geraldine Edwards

Second Defendant

Anne Hatton

Third Defendant

Procedural Posture

Probate / Trial of Preliminary Issues

Legal Issues

  1. 1 Whether Dr Cooper executed a will in accordance with s.9 of the Wills Act 1837 on or about 27 March 2018
  2. 2 What the contents of the 2018 will were
  3. 3 Whether, in the absence of an executed original of the 2018 will, the same should be presumed to have been destroyed by Dr Cooper with the intention of revoking it

Ratio Decidendi

The court found, on the balance of probabilities, that Dr Cooper executed the 2018 will in accordance with the formalities of s.9 of the Wills Act 1837, that the will was in the terms of the draft in evidence, and that the presumption of revocation by destruction was rebutted; Dr Cooper did not destroy the will with the intention of revoking it.

Court Disposition

Preliminary issues determined in favour of Ms Chapman; 2018 will found to have been duly executed and not revoked by destruction.

Orders

  • Declaration that Dr Cooper executed a will in accordance with s.9 of the Wills Act 1837 on or about 27 March 2018
  • Declaration that the will was in the terms of the draft of the 2018 will in evidence