Ayling v Summers & Ors [2009] EWHC 3168 (Ch) (14 September 2009)

Ayling v Summers & Ors [2009] EWHC 3168 (Ch) (14 September 2009)

The deceased made a valid privileged will in 1990 as a mariner being at sea under section 11 of the Wills Act 1837, expressing a clear testamentary intention that his estate should go to Aunt Anne. The privilege is not limited to British-registered ships. The evidence for the 1985 will was insufficient, but the 1990 will revoked any prior will.

Citation
[2009] EWHC 3168 (Ch)
Parties
Claimant: Anne Ayling; Defendant (1), Personal Representative of the Deceased: Emma Pelagia Elizabeth Summers; Defendant (2): Sydney Martin Ayling; Defendant (3): Robert Noel Ayling; Defendant (4): Christine Anne Dinoulis; Defendant (5): Keith Ayling; Defendant (6): Steven Ayling; Defendant (7): Mrs Lesley Parsons; Defendant (8): David Anthony Ayling; Defendant (9): Andrea Ayling-Nacke; Defendant (10): Howard Martin Ayling; Defendant (11): Alan Derek Ayling; Defendant (12): Anthony Stuart Ayling; Defendants (opposing Claim): Opposing Defendants (except 1 and 4)
Jurisdiction
England and Wales
Judgment Date
14 September 2009
Procedural Posture
Probate / Judgment After Trial
Outcome
Grant of letters of administration revoked; probate pronounced in favour of the 1990 privileged will; grant of probate to Aunt Anne or her attorney.
Legal Topics
Privileged Wills, Intestacy, Testamentary Intention, Mariners and Seamen, Section 11 Wills Act 1837
Probate Wills and Estates Privileged Wills Intestacy Testamentary Intention Mariners and Seamen Section 11 Wills Act 1837

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Parties

Anne Ayling

Claimant

Emma Pelagia Elizabeth Summers

Defendant (1), Personal Representative of the Deceased

Sydney Martin Ayling

Defendant (2)

Robert Noel Ayling

Defendant (3)

Christine Anne Dinoulis

Defendant (4)

Keith Ayling

Defendant (5)

Steven Ayling

Defendant (6)

Mrs Lesley Parsons

Defendant (7)

David Anthony Ayling

Defendant (8)

Andrea Ayling-Nacke

Defendant (9)

Howard Martin Ayling

Defendant (10)

Alan Derek Ayling

Defendant (11)

Anthony Stuart Ayling

Defendant (12)

Opposing Defendants (except 1 and 4)

Defendants (opposing Claim)

Procedural Posture

Probate / Judgment After Trial

Legal Issues

  1. 1 Whether the deceased made valid privileged wills in 1985 and/or 1990 under section 11 of the Wills Act 1837
  2. 2 Whether the deceased was a 'mariner or seaman being at sea' within the meaning of the Act at the relevant times
  3. 3 Whether the privilege under section 11 is limited to British-registered ships

Ratio Decidendi

The deceased made a valid privileged will in 1990 as a mariner being at sea under section 11 of the Wills Act 1837, expressing a clear testamentary intention that his estate should go to Aunt Anne. The privilege is not limited to British-registered ships. The evidence for the 1985 will was insufficient, but the 1990 will revoked any prior will.

Court Disposition

Grant of letters of administration revoked; probate pronounced in favour of the 1990 privileged will; grant of probate to Aunt Anne or her attorney.

Orders

  • Revocation of grant of letters of administration
  • Pronouncement in solemn form in favour of the 1990 will