Hoare Trustees v Jaques & Ors

Hoare Trustees v Jaques & Ors

The second codicil, by expressly referring to and amending the first will, demonstrated the testatrix's intention to revive the first will and first codicil and revoke the second will. The codicil was executed with testamentary capacity and due execution, and the principles in section 22 of the Wills Act 1837 and relevant case law apply.

Parties
Claimant: Hoare Trustees; Defendant: Jaques & Others
Jurisdiction
England and Wales
Judgment Date
06 February 2008
Procedural Posture
Probate / Judgment
Outcome
Claim allowed; probate granted in solemn form for the first will and two codicils; second will revoked.
Legal Topics
Revival of Will, Testamentary Capacity, Codicils, Revocation of Will
Succession Probate Revival of Will Testamentary Capacity Codicils Revocation of Will

Case Brief

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Parties

Hoare Trustees

Claimant

Jaques & Others

Defendant

Procedural Posture

Probate / Judgment

Legal Issues

  1. 1 Whether the second codicil revived the first will and first codicil and revoked the second will
  2. 2 Whether the testatrix had testamentary capacity at the time of executing the second codicil
  3. 3 Whether the second codicil was duly executed

Ratio Decidendi

The second codicil, by expressly referring to and amending the first will, demonstrated the testatrix's intention to revive the first will and first codicil and revoke the second will. The codicil was executed with testamentary capacity and due execution, and the principles in section 22 of the Wills Act 1837 and relevant case law apply.

Court Disposition

Claim allowed; probate granted in solemn form for the first will and two codicils; second will revoked.

Orders

  • Probate in solemn form granted in respect of the first will dated 12 August 1999 and the two codicils dated 14 January 2000 and 25 November 2004
  • Second will dated 16 August 2000 revoked