Royal National Institute for Deaf People & Ors v Turner

Royal National Institute for Deaf People & Ors v Turner

The 1999 Will was not executed in accordance with s 9 of the Wills Act 1837 as the attesting witnesses did not witness Mrs Whelen's signature and believed they were witnessing Mrs Turner's will. The evidence of the witnesses was accepted as reliable on the main points. The presumption of due execution was rebutted. The 1982 Will was not revoked by destruction but was lost, and the Claimants discharged the burden of proof. The 1982 Will should be admitted to probate.

Parties
Claimant: Royal National Institute for Deaf People; Claimant: Royal National Institute of Blind People; Claimant: Marie Curie Memorial Foundation; Claimant: The Institute of Cancer Research: The Royal Cancer Hospital; Defendant: Adrian Alan Turner
Jurisdiction
England and Wales
Judgment Date
18 November 2015
Procedural Posture
Probate / Judgment After Trial
Outcome
Claim allowed in part; 1999 Will refused probate; 1982 Will admitted to probate.
Legal Topics
Due Execution of Wills, Knowledge and Approval, Revocation of Wills, Presumption of Destruction, Grant of Probate
Probate Wills and Succession Due Execution of Wills Knowledge and Approval Revocation of Wills Presumption of Destruction Grant of Probate

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 11 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Royal National Institute for Deaf People

Claimant

Royal National Institute of Blind People

Claimant

Marie Curie Memorial Foundation

Claimant

The Institute of Cancer Research: The Royal Cancer Hospital

Claimant

Adrian Alan Turner

Defendant

Procedural Posture

Probate / Judgment After Trial

Legal Issues

  1. 1 Whether the 1999 Will of Dorothy Whelen was validly executed in accordance with s 9 of the Wills Act 1837
  2. 2 Whether Mrs Whelen knew and approved the contents of the 1999 Will
  3. 3 Whether the 1982 Will was revoked by destruction or lost

Ratio Decidendi

The 1999 Will was not executed in accordance with s 9 of the Wills Act 1837 as the attesting witnesses did not witness Mrs Whelen's signature and believed they were witnessing Mrs Turner's will. The evidence of the witnesses was accepted as reliable on the main points. The presumption of due execution was rebutted. The 1982 Will was not revoked by destruction but was lost, and the Claimants discharged the burden of proof. The 1982 Will should be admitted to probate.

Court Disposition

Claim allowed in part; 1999 Will refused probate; 1982 Will admitted to probate.

Orders

  • The 1999 Will of Dorothy Whelen is not admitted to probate.
  • The 1982 Will is admitted to probate in solemn form.