Blyth v Sykes

Blyth v Sykes

The claimant failed to establish on the balance of probabilities that the original will was in Mrs Moore’s possession at the relevant time, so the presumption of revocation did not arise. Even if it had, there was clear and satisfactory evidence to rebut the presumption, and any revocation would have been conditional on a mistaken belief about the effect of intestacy, rendering the revocation inoperative. The certified copy of the will is to be propounded.

Parties
Claimant: Gail Blyth; Defendant: Leslie Sykes
Jurisdiction
England and Wales
Judgment Date
15 January 2019
Procedural Posture
Probate / Judgment
Outcome
Certified copy of the will propounded; estate to be administered according to the will and codicil.
Legal Topics
Revocation of Wills, Conditional Revocation, Dependent Relative Revocation, Intestacy
Succession Probate Revocation of Wills Conditional Revocation Dependent Relative Revocation Intestacy

Case Brief

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Parties

Gail Blyth

Claimant

Leslie Sykes

Defendant

Procedural Posture

Probate / Judgment

Legal Issues

  1. 1 Whether the original will of Agnes Moore was revoked by destruction with intention to revoke
  2. 2 Whether the presumption of revocation applies
  3. 3 Whether any revocation was conditional and thus inoperative

Ratio Decidendi

The claimant failed to establish on the balance of probabilities that the original will was in Mrs Moore’s possession at the relevant time, so the presumption of revocation did not arise. Even if it had, there was clear and satisfactory evidence to rebut the presumption, and any revocation would have been conditional on a mistaken belief about the effect of intestacy, rendering the revocation inoperative. The certified copy of the will is to be propounded.

Court Disposition

Certified copy of the will propounded; estate to be administered according to the will and codicil.

Orders

  • Certified copy of the will of Agnes Moore (deceased) is admitted to probate.
  • Estate to be administered in accordance with the terms of the will as varied by the codicil.