Martin v Browne & Anor

Martin v Browne & Anor

There was no real prospect of the appellants establishing that Mrs Martin executed duplicate original wills or that she destroyed a duplicate original with the intention to revoke. The evidence was clear that only one original was executed and held by the solicitors. The defence was speculative and unsupported by evidence.

Parties
Respondent: Irvin Martin; Appellant: Desmond Browne; Appellant: Carment Browne
Jurisdiction
England and Wales
Judgment Date
22 May 2008
Procedural Posture
Probate Action / Appeal From Summary Judgment
Outcome
Appeal dismissed
Legal Topics
Revocation of Wills, Duplicate Wills, Summary Judgment
Succession Probate Revocation of Wills Duplicate Wills Summary Judgment

Case Brief

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Parties

Irvin Martin

Respondent

Desmond Browne

Appellant

Carment Browne

Appellant

Procedural Posture

Probate Action / Appeal From Summary Judgment

Legal Issues

  1. 1 Whether Mrs Martin's 1983 will was revoked by destruction of a duplicate original
  2. 2 Whether there was any real prospect of the defence succeeding on the basis of duplicate wills

Ratio Decidendi

There was no real prospect of the appellants establishing that Mrs Martin executed duplicate original wills or that she destroyed a duplicate original with the intention to revoke. The evidence was clear that only one original was executed and held by the solicitors. The defence was speculative and unsupported by evidence.

Court Disposition

Appeal dismissed

Orders

  • Summary judgment for the respondent
  • Probate granted in solemn form to the respondent's solicitor