The British Diabetic Association v Elizabeth Anne Chenery

The British Diabetic Association v Elizabeth Anne Chenery

The two cardboard documents, written and intended as a whole, contain clear testamentary dispositions, were executed and attested in accordance with the Wills Act 1837, and the law presumes both pages were present at execution. There is no evidence to rebut this presumption. The British Diabetic Association is the intended beneficiary and entitled to probate.

Parties
Claimant: The British Diabetic Association; Defendant: Elizabeth Anne Chenery
Jurisdiction
England and Wales
Judgment Date
17 January 2025
Procedural Posture
Probate Claim / Trial on Written Evidence
Outcome
Will admitted to probate in solemn form as the last will of the deceased.
Legal Topics
Validity of Will, Testamentary Capacity, Incorporation of Documents, Execution Requirements, Intention to Benefit Charity
Probate Succession Charity Law Validity of Will Testamentary Capacity Incorporation of Documents Execution Requirements Intention to Benefit Charity

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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 will was properly executed and attested under the Wills Act 1837
  3. 3 Whether the first page was present and under the testator's control at execution

Ratio Decidendi

The two cardboard documents, written and intended as a whole, contain clear testamentary dispositions, were executed and attested in accordance with the Wills Act 1837, and the law presumes both pages were present at execution. There is no evidence to rebut this presumption. The British Diabetic Association is the intended beneficiary and entitled to probate.

Court Disposition

Will admitted to probate in solemn form as the last will of the deceased.

Orders

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