Angela Frances Crew & Anor v Josephine Oakley & Ors

Angela Frances Crew & Anor v Josephine Oakley & Ors

The will was validly revoked by destruction under section 20 of the Wills Act 1837, as the deceased had the requisite intention and capacity at the time, and the solicitor was properly authorised to assist in the act. The court found the deceased had a lucid interval and satisfied the Banks v Goodfellow test. The expert evidence did not outweigh the clear contemporaneous evidence of capacity. The claimants failed to discharge the burden of proof to invalidate the revocation.

Parties
Claimant: Angela Frances Crew; Claimant: David Michael Crew; Defendant: Josephine Oakley; Defendant: Kevin Whitehorn; Defendant: Jason Paul Whitehorn; Defendant: Leon Robert Thomas Whitehorn
Jurisdiction
England and Wales
Judgment Date
15 November 2024
Procedural Posture
Probate/contentious Probate / Judgment After Trial
Outcome
Claim dismissed; counterclaim allowed
Legal Topics
Revocation of Will, Testamentary Capacity, Intestacy, Authority for Destruction of Will, Burden of Proof in Probate, Role of Expert Evidence
Probate Succession Trusts and Estates Revocation of Will Testamentary Capacity Intestacy Authority for Destruction of Will Burden of Proof in Probate +1 more

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Parties

Angela Frances Crew

Claimant

David Michael Crew

Claimant

Josephine Oakley

Defendant

Kevin Whitehorn

Defendant

Jason Paul Whitehorn

Defendant

Leon Robert Thomas Whitehorn

Defendant

Procedural Posture

Probate/contentious Probate / Judgment After Trial

Legal Issues

  1. 1 Whether the deceased validly revoked her will by destruction under section 20 of the Wills Act 1837
  2. 2 Whether the deceased had the requisite mental capacity to revoke her will at the material time
  3. 3 Whether the act of destruction was sufficiently authorised or merely acquiesced in

Ratio Decidendi

The will was validly revoked by destruction under section 20 of the Wills Act 1837, as the deceased had the requisite intention and capacity at the time, and the solicitor was properly authorised to assist in the act. The court found the deceased had a lucid interval and satisfied the Banks v Goodfellow test. The expert evidence did not outweigh the clear contemporaneous evidence of capacity. The claimants failed to discharge the burden of proof to invalidate the revocation.

Court Disposition

Claim dismissed; counterclaim allowed

Orders

  • Declaration that the will of 21 September 2020 was validly revoked by destruction under section 20 of the Wills Act 1837
  • Declaration that the deceased died intestate and Josephine Oakley is entitled to the estate under the rules of intestacy