Lamothe v Lamothe & Ors

Lamothe v Lamothe & Ors

The 1995 Will, containing an express revocation clause and disposing of property 'wheresoever situated', was intended by Mrs Lamothe to revoke the 1993 Will and dispose of her entire estate; extrinsic evidence, including witness testimony and instructions to the Dominican lawyer, confirms this intention.

Parties
Claimant: Beverley Lamothe; Defendant: Ronald Lamothe; Defendant: Albert Augustine; Defendant: Maria Wallace; Defendant: Ruby Mangal; Defendant: Louisa Lamothe; Defendant: Jordan Lamothe; Defendant: Jessica Lamothe; Defendant: Jermaine Lamothe; Defendant: Asher Mackenzie Lamothe
Jurisdiction
England and Wales
Judgment Date
15 June 2006
Procedural Posture
Probate / Judgment
Outcome
Claim allowed
Legal Topics
Revocation of Wills, Intention of Testator, Admissibility of Extrinsic Evidence, Administration of Estates
Succession Probate Revocation of Wills Intention of Testator Admissibility of Extrinsic Evidence Administration of Estates

Case Brief

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Parties

Beverley Lamothe

Claimant

Ronald Lamothe

Defendant

Albert Augustine

Defendant

Maria Wallace

Defendant

Ruby Mangal

Defendant

Louisa Lamothe

Defendant

Jordan Lamothe

Defendant

Jessica Lamothe

Defendant

Jermaine Lamothe

Defendant

Asher Mackenzie Lamothe

Defendant

Procedural Posture

Probate / Judgment

Legal Issues

  1. 1 Whether the 1995 Will revoked the 1993 Will
  2. 2 Whether extrinsic evidence is admissible to determine the testator's intention
  3. 3 Which will(s) should be admitted to probate

Ratio Decidendi

The 1995 Will, containing an express revocation clause and disposing of property 'wheresoever situated', was intended by Mrs Lamothe to revoke the 1993 Will and dispose of her entire estate; extrinsic evidence, including witness testimony and instructions to the Dominican lawyer, confirms this intention.

Court Disposition

Claim allowed

Orders

  • Probate of the 1993 Will revoked
  • Probate of the 1995 Will to be granted to the Claimant