Samuel Arthur Jones v Neal Tracey & Ors

Samuel Arthur Jones v Neal Tracey & Ors

The court found that although the original will was in the testator's custody and the presumption of revocation applied, the presumption was of little weight due to the testator's disorganised habits and the risk of accidental loss or destruction. There was overwhelming evidence that the testator's testamentary intentions remained unchanged and that he did not intentionally destroy the will. The claimant discharged the burden of proof, and a grant of probate should be made on the copy will.

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 Strotten; Sixth Defendant: Crystal Lockett
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Probate / Judgment After Trial
Outcome
Grant of probate on the copy of the 2013 will; caveats discharged.
Legal Topics
Wills, Revocation of Wills, Presumption of Revocation, Grant of Probate on Copy Will, Testamentary Intention
Succession Probate Wills Revocation of Wills Presumption of Revocation Grant of Probate on Copy Will Testamentary Intention

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 Strotten

Fifth Defendant

Crystal Lockett

Sixth Defendant

Procedural Posture

Probate / Judgment After Trial

Legal Issues

  1. 1 Whether the original will of David Charles Turner dated 21 February 2013 was revoked by destruction with intention to revoke
  2. 2 Whether a grant of probate should be made based on a copy of the will

Ratio Decidendi

The court found that although the original will was in the testator's custody and the presumption of revocation applied, the presumption was of little weight due to the testator's disorganised habits and the risk of accidental loss or destruction. There was overwhelming evidence that the testator's testamentary intentions remained unchanged and that he did not intentionally destroy the will. The claimant discharged the burden of proof, and a grant of probate should be made on the copy will.

Court Disposition

Grant of probate on the copy of the 2013 will; caveats discharged.

Orders

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