Packer v Packer (Re Estate of Stephen George Packer) [2025] EWHC 461 (Ch) (28 February 2025)

Packer v Packer (Re Estate of Stephen George Packer) [2025] EWHC 461 (Ch) (28 February 2025)

The court found that Lynn failed to discharge the burden of proving, on the balance of probabilities, that the 2022 Will was duly executed in accordance with section 9 of the Wills Act 1837. The evidence was insufficient to establish that Stephen signed the will in the presence of two witnesses who also signed. The presumption of revocation applied as the original will was not found after death and there was no clear evidence to rebut this presumption. The court also found that the 2012 transfer of Renditt into joint names was valid and with Stephen's consent. Accordingly, Stephen died intestate and Debra, as his surviving spouse, is entitled to his estate.

Citation
[2025] EWHC 461 (Ch)
Parties
Claimant: Debra Ellen Packer; Defendant: Lynn Ann Packer
Jurisdiction
England and Wales
Judgment Date
28 February 2025
Procedural Posture
Probate Dispute / Final Judgment After Trial
Outcome
Claim allowed. Declaration of intestacy granted.
Legal Topics
Intestacy, Validity of Will, Due Execution, Presumption of Revocation, Joint Tenancy, Testamentary Capacity
Probate Wills and Estates Property Law Intestacy Validity of Will Due Execution Presumption of Revocation Joint Tenancy +1 more

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Parties

Debra Ellen Packer

Claimant

Lynn Ann Packer

Defendant

Procedural Posture

Probate Dispute / Final Judgment After Trial

Legal Issues

  1. 1 Whether the deceased died intestate or left a valid will dated 21 February 2022
  2. 2 Whether the 2022 Will was executed in accordance with section 9 of the Wills Act 1837
  3. 3 Whether the presumption of revocation applies given the original will was not found after death

Ratio Decidendi

The court found that Lynn failed to discharge the burden of proving, on the balance of probabilities, that the 2022 Will was duly executed in accordance with section 9 of the Wills Act 1837. The evidence was insufficient to establish that Stephen signed the will in the presence of two witnesses who also signed. The presumption of revocation applied as the original will was not found after death and there was no clear evidence to rebut this presumption. The court also found that the 2012 transfer of Renditt into joint names was valid and with Stephen's consent. Accordingly, Stephen died intestate and Debra, as his surviving spouse, is entitled to his estate.

Court Disposition

Claim allowed. Declaration of intestacy granted.

Orders

  • It is declared that Stephen George Packer died intestate.
  • Probate to be granted to Debra Ellen Packer as surviving spouse.