The British Diabetic Association v Chenery [2024] EWHC 3466 (Ch) (08 November 2024)

The British Diabetic Association v Chenery [2024] EWHC 3466 (Ch) (08 November 2024)

The two cardboard documents, though disconnected, together constitute the deceased's last will as they contain clear testamentary dispositions, were intended to take effect on death, and the second page was executed in accordance with the Wills Act 1837. The law presumes both pages were present at execution, and...

Source-derived case information.

Citation
[2024] EWHC 3466 (Ch)
Parties
Claimant: The British Diabetic Association; Defendant: Elizabeth Anne Chenery
Jurisdiction
England and Wales
Judgment Date
08 November 2024
Procedural Posture
Probate Claim / Trial on Written Evidence
Outcome
Will admitted to probate in solemn form as the last will of Malcolm Roy Chenery.
Legal Topics
Testamentary Capacity, Formal Validity of Wills, Incorporation of Documents, Intestacy, Execution of Wills
Probate Wills and Estates Testamentary Capacity Formal Validity of Wills Incorporation of Documents Intestacy Execution of Wills

Source-derived case record

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 4 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

The British Diabetic Association

Claimant

Elizabeth Anne Chenery

Defendant

Procedural Posture

Probate Claim / Trial on Written Evidence

Legal Issues

  1. 1 Whether the two cardboard documents constitute the valid last will of Malcolm Roy Chenery
  2. 2 Whether the documents satisfy the formal requirements of the Wills Act 1837
  3. 3 Whether the presumption applies that both pages were present at execution despite only one being attested

Ratio Decidendi

The two cardboard documents, though disconnected, together constitute the deceased's last will as they contain clear testamentary dispositions, were intended to take effect on death, and the second page was executed in accordance with the Wills Act 1837. The law presumes both pages were present at execution, and there is no evidence to rebut this presumption. The will is therefore admitted to probate in solemn form.

Court Disposition

Will admitted to probate in solemn form as the last will of Malcolm Roy Chenery.

Orders

  • The two cardboard documents are admitted to probate as the deceased's last will.
  • The British Diabetic Association is entitled to take out letters of administration.