Jones v Tracey & Ors [2023] EWHC 2242 (Ch) (14 July 2023)

Jones v Tracey & Ors [2023] EWHC 2242 (Ch) (14 July 2023)

The presumption of revocation by destruction was of little weight due to the testator's disorganised habits and the risk of accidental loss. Overwhelming evidence showed the testator's testamentary intentions remained unchanged from 2013 until his death, and there was no evidence of intentional revocation. The claimant discharged the burden of proof, entitling him to a grant of probate on the copy will.

Citation
[2023] EWHC 2242 (Ch)
Parties
Claimant: Samuel Arthur Jones; First Defendant: Neal Tracey; Second Defendant: Stephen Robert Birt; Third Defendant: Linda Maria Cano; Fourth Defendant: The British Polio Fellowship; Fifth Defendant: Christopher Strotton; Sixth Defendant: Crystal Lockett
Jurisdiction
England and Wales
Judgment Date
14 July 2023
Procedural Posture
Probate Claim (grant in Solemn Form) / Judgment After Trial
Outcome
Claim allowed; grant of probate ordered on the copy of the 2013 will.
Legal Topics
Presumption of Revocation of Will, Grant of Probate on Copy Will, Testamentary Intention, Burden of Proof in Probate, Intestacy
Probate Wills and Estates Presumption of Revocation of Will Grant of Probate on Copy Will Testamentary Intention Burden of Proof in Probate Intestacy

Case Brief

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Parties

Samuel Arthur Jones

Claimant

Neal Tracey

First Defendant

Stephen Robert Birt

Second Defendant

Linda Maria Cano

Third Defendant

The British Polio Fellowship

Fourth Defendant

Christopher Strotton

Fifth Defendant

Crystal Lockett

Sixth Defendant

Procedural Posture

Probate Claim (grant in Solemn Form) / Judgment After Trial

Legal Issues

  1. 1 Whether the original will of David Charles Turner was revoked by destruction with intention to revoke
  2. 2 Whether a grant of probate should be made on a copy of the will

Ratio Decidendi

The presumption of revocation by destruction was of little weight due to the testator's disorganised habits and the risk of accidental loss. Overwhelming evidence showed the testator's testamentary intentions remained unchanged from 2013 until his death, and there was no evidence of intentional revocation. The claimant discharged the burden of proof, entitling him to a grant of probate on the copy will.

Court Disposition

Claim allowed; grant of probate ordered on the copy of the 2013 will.

Orders

  • Order for grant of probate of the 2013 will as contained in copies.
  • Order that caveats entered in relation to Mr Turner's estate be discharged.