Crew & Anor v Oakley & Ors [2024] EWHC 2847 (Ch) (15 November 2024)

Crew & Anor v Oakley & Ors [2024] EWHC 2847 (Ch) (15 November 2024)

The Will was validly revoked by destruction with the requisite intention and authority, as evidenced by Mrs Webb's contemporaneous attendance note and oral testimony. The Deceased had testamentary capacity at the time of revocation, satisfying the Banks v Goodfellow test. The burden of proof was met by the first...

Source-derived case information.

Citation
[2024] EWHC 2847 (Ch)
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 Dispute / Final Judgment
Outcome
Will revoked; estate passes by intestacy.
Legal Topics
Will Revocation, Testamentary Capacity, Intestacy, Authority/acquiescence, Burden of Proof
Probate Property Trusts Will Revocation Testamentary Capacity Intestacy Authority/acquiescence Burden of Proof

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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 Dispute / Final Judgment

Legal Issues

  1. 1 Was the Will revoked by destruction under section 20 of the Wills Act 1837?
  2. 2 Did the Deceased have mental capacity to revoke the Will?
  3. 3 Was Mrs Webb's completion of destruction authorised or acquiesced?

Ratio Decidendi

The Will was validly revoked by destruction with the requisite intention and authority, as evidenced by Mrs Webb's contemporaneous attendance note and oral testimony. The Deceased had testamentary capacity at the time of revocation, satisfying the Banks v Goodfellow test. The burden of proof was met by the first defendant. The estate passes by intestacy to Josephine Oakley.

Court Disposition

Will revoked; estate passes by intestacy.

Orders

  • Grant of Letters of Administration to Josephine Oakley
  • Claimants' claim dismissed