Perdoni & Anor v Curati

Perdoni & Anor v Curati

The deceased was domiciled in England in 1994; under English law, the 1994 will did not wholly revoke the 1980 will as there was no material inconsistency between them, so the 1980 will remains effective for the English estate.

Parties
Claimant: Sylvana Marchant Perdoni; Claimant: Roberto Perdoni; Defendant: Carmen Curati
Jurisdiction
England and Wales
Judgment Date
20 December 2011
Procedural Posture
Civil / Trial Judgment
Outcome
Claim allowed
Legal Topics
Domicile, Revocation of Wills, Interpretation of Testamentary Instruments, Intestacy
Succession Private International Law Domicile Revocation of Wills Interpretation of Testamentary Instruments Intestacy

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Parties

Sylvana Marchant Perdoni

Claimant

Roberto Perdoni

Claimant

Carmen Curati

Defendant

Procedural Posture

Civil / Trial Judgment

Legal Issues

  1. 1 Whether the 1994 will revoked the 1980 will
  2. 2 Which law governs the effect of the 1994 will—English or Italian
  3. 3 Whether the deceased was domiciled in England or Italy in 1994

Ratio Decidendi

The deceased was domiciled in England in 1994; under English law, the 1994 will did not wholly revoke the 1980 will as there was no material inconsistency between them, so the 1980 will remains effective for the English estate.

Court Disposition

Claim allowed

Orders

  • The 1980 will is valid and must be carried into effect for the English estate.