Burgess v Whittle & Anor [2025] EWHC 2633 (Ch) (16 October 2025)

Burgess v Whittle & Anor [2025] EWHC 2633 (Ch) (16 October 2025)

The deceased had testamentary capacity when making the 2014 will, the will was duly executed, there was no evidence of undue influence, and the original will was lost after death while in the custody of third parties, so no presumption of revocation applies; probate may be granted with a copy of the will annexed.

Citation
[2025] EWHC 2633 (Ch)
Parties
Claimant: Fiona Jane Burgess; First Defendant: Julie Elizabeth Whittle; Second Defendant: Robert Paul Rowell
Jurisdiction
England and Wales
Judgment Date
16 October 2025
Procedural Posture
Probate Claim / Trial Judgment
Outcome
Claim succeeded; grant of letters of administration with copy will annexed to the claimant, limited until the original will is found.
Legal Topics
Testamentary Capacity, Knowledge and Approval, Undue Influence, Loss of Will, Revocation by Destruction
Probate Wills and Estates Testamentary Capacity Knowledge and Approval Undue Influence Loss of Will Revocation by Destruction

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Parties

Fiona Jane Burgess

Claimant

Julie Elizabeth Whittle

First Defendant

Robert Paul Rowell

Second Defendant

Procedural Posture

Probate Claim / Trial Judgment

Legal Issues

  1. 1 Whether the deceased had testamentary capacity at the time of making the 2014 will
  2. 2 Whether the deceased knew and approved the contents of the 2014 will
  3. 3 Whether the 2014 will was procured by undue influence

Ratio Decidendi

The deceased had testamentary capacity when making the 2014 will, the will was duly executed, there was no evidence of undue influence, and the original will was lost after death while in the custody of third parties, so no presumption of revocation applies; probate may be granted with a copy of the will annexed.

Court Disposition

Claim succeeded; grant of letters of administration with copy will annexed to the claimant, limited until the original will is found.

Orders

  • Grant of letters of administration with the copy will annexed to the claimant, limited until the original will is found.