LAUREN VICTORIA COOPER & Anor. v KAREN MARIE CHAPMAN & Ors.

LAUREN VICTORIA COOPER & Anor. v KAREN MARIE CHAPMAN & Ors.

The court found, on the balance of probabilities, that Dr Cooper executed the 2018 will in accordance with the formalities of s.9 of the Wills Act 1837, that the will was in the terms of the draft in evidence, and that the presumption of revocation by destruction was rebutted; Dr Cooper did not destroy the will with the intention of revoking it.

Parties
Claimant: Lauren Victoria Cooper; Claimant: Jessica Rose Cooper; Defendant: Karen Marie Chapman; Defendant: Judith Geraldine Edwards; Defendant: Anne Hatton
Jurisdiction
England and Wales
Judgment Date
06 May 2022
Procedural Posture
Probate / Trial of Preliminary Issues
Outcome
Preliminary issues determined in favour of Ms Chapman; the 2018 will is found to have been duly executed and not revoked by destruction.
Legal Topics
Lost Will, Due Execution of Will, Revocation of Will, Presumption of Revocation, Testamentary Capacity
Succession Probate Lost Will Due Execution of Will Revocation of Will Presumption of Revocation Testamentary Capacity

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Parties

Lauren Victoria Cooper

Claimant

Jessica Rose Cooper

Claimant

Karen Marie Chapman

Defendant

Judith Geraldine Edwards

Defendant

Anne Hatton

Defendant

Procedural Posture

Probate / Trial of Preliminary Issues

Legal Issues

  1. 1 Whether Dr Cooper executed a will in accordance with s.9 of the Wills Act 1837 on or about 27 March 2018
  2. 2 What the contents of the 2018 will were
  3. 3 Whether, in the absence of an executed original of the 2018 will, the same should be presumed to have been destroyed by Dr Cooper with the intention of revoking it

Ratio Decidendi

The court found, on the balance of probabilities, that Dr Cooper executed the 2018 will in accordance with the formalities of s.9 of the Wills Act 1837, that the will was in the terms of the draft in evidence, and that the presumption of revocation by destruction was rebutted; Dr Cooper did not destroy the will with the intention of revoking it.

Court Disposition

Preliminary issues determined in favour of Ms Chapman; the 2018 will is found to have been duly executed and not revoked by destruction.

Orders

  • Declaration that Dr Cooper executed a will in accordance with s.9 of the Wills Act 1837 on or about 27 March 2018
  • Declaration that the will was in the terms of the draft of the 2018 will in evidence