Perdoni & Anor v Curati [2011] EWHC 3442 (Ch) (20 December 2011)

Perdoni & Anor v Curati [2011] EWHC 3442 (Ch) (20 December 2011)

The deceased was domiciled in England at the time of the 1994 will, so English law applies. Under English law, the 1994 will did not wholly revoke the 1980 will because there was no material inconsistency between them; the 1980 will's provision for the claimants remains effective as the 1994 will was silent on the contingency that occurred.

Citation
[2011] EWHC 3442 (Ch)
Parties
Claimant: Sylvana Marchant Perdoni; Claimant: Roberto Perdoni; Defendant: Carmen Curati
Jurisdiction
England and Wales
Judgment Date
20 December 2011
Procedural Posture
Probate/will Dispute / Trial Judgment
Outcome
Claim allowed
Legal Topics
Revocation of Wills, Domicile, Conflict of Laws, Intestacy
Wills and Probate Private International Law Revocation of Wills Domicile Conflict of Laws Intestacy

Case Brief

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Parties

Sylvana Marchant Perdoni

Claimant

Roberto Perdoni

Claimant

Carmen Curati

Defendant

Procedural Posture

Probate/will Dispute / Trial Judgment

Legal Issues

  1. 1 Whether the 1994 Italian will revoked the 1980 English will in respect of the deceased's English estate
  2. 2 Whether English or Italian law governs the effect of the 1994 will, depending on the deceased's domicile at the time

Ratio Decidendi

The deceased was domiciled in England at the time of the 1994 will, so English law applies. Under English law, the 1994 will did not wholly revoke the 1980 will because there was no material inconsistency between them; the 1980 will's provision for the claimants remains effective as the 1994 will was silent on the contingency that occurred.

Court Disposition

Claim allowed

Orders

  • The 1980 will is effective in respect of the deceased's English estate and must be carried into effect in favour of the claimants.