Debra Ellen Packer v Lynn Ann Packer

Debra Ellen Packer v Lynn Ann Packer

The 2022 Will was not validly executed in accordance with section 9 of the Wills Act 1837, and even if it had been, the presumption of revocation applies and is not rebutted; Stephen died intestate and Debra is entitled to letters of administration.

Parties
Claimant: Debra Ellen Packer; Defendant: Lynn Ann Packer
Jurisdiction
England and Wales
Judgment Date
28 February 2025
Procedural Posture
Probate Dispute / Final Judgment
Outcome
Pronounced against the validity of the 2022 Will; grant of letters of administration to Debra Ellen Packer.
Legal Topics
Intestacy, Will Execution, Presumption of Revocation, Joint Tenancy, Beneficiary Disclaimer
Probate Property Trusts Intestacy Will Execution Presumption of Revocation Joint Tenancy Beneficiary Disclaimer

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Parties

Debra Ellen Packer

Claimant

Lynn Ann Packer

Defendant

Procedural Posture

Probate Dispute / Final Judgment

Legal Issues

  1. 1 Whether Stephen George Packer 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 to the missing 2022 Will

Ratio Decidendi

The 2022 Will was not validly executed in accordance with section 9 of the Wills Act 1837, and even if it had been, the presumption of revocation applies and is not rebutted; Stephen died intestate and Debra is entitled to letters of administration.

Court Disposition

Pronounced against the validity of the 2022 Will; grant of letters of administration to Debra Ellen Packer.

Orders

  • Debra Ellen Packer to be granted letters of administration for Stephen George Packer's estate.
  • Court invites counsel to agree on form of order and will hear submissions on consequential matters.