Kerry Tolley v No Defendant

Kerry Tolley v No Defendant

A person named as executor in a testamentary paper, who intends to prove the will, has sufficient interest under the Presumption of Death Act 2013 to apply for a declaration of presumption of death, even if the will is not yet proved.

Parties
Claimant: Kerry Tolley; Missing Person / Subject of Application: Caroline Fay Fisher
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Presumption of Death Application / Judgment on Standing and Final Order
Outcome
Declaration granted; claimant has standing.
Legal Topics
Presumption of Death, Standing to Apply for Presumption of Death, Executor's Interest, Probate Procedure
Probate Trusts and Estates Presumption of Death Standing to Apply for Presumption of Death Executor's Interest Probate Procedure

Case Brief

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Parties

Kerry Tolley

Claimant

Caroline Fay Fisher

Missing Person / Subject of Application

Procedural Posture

Presumption of Death Application / Judgment on Standing and Final Order

Legal Issues

  1. 1 Whether a person named as executor in an unproved will has sufficient interest to apply for a declaration of presumption of death under the Presumption of Death Act 2013

Ratio Decidendi

A person named as executor in a testamentary paper, who intends to prove the will, has sufficient interest under the Presumption of Death Act 2013 to apply for a declaration of presumption of death, even if the will is not yet proved.

Court Disposition

Declaration granted; claimant has standing.

Orders

  • Declaration of presumption of death of Caroline Fay Fisher granted.