Ayling v Summers & Ors

Ayling v Summers & Ors

The deceased, Ashley Servoz-Gavin, made a valid privileged will in February 1990 while being a mariner under orders to join a ship, expressing a clear and deliberate intention that his estate should go to the claimant. The privilege under section 11 of the Wills Act 1837 is not restricted to British-registered vessels. The evidence of the making and intention of the 1990 will is reliable and sufficient; the 1985 will is not upheld due to lack of evidence that the deceased was under engagement at the relevant time.

Parties
Claimant: Anne Ayling; Defendant (personal Representative of Deceased): Emma Pelagia Elizabeth Summers; Defendant: Sydney Martin Ayling; Defendant: Robert Noel Ayling; Defendant: Christine Anne Dinoulis; Defendant: Keith Ayling; Defendant: Steven Ayling; Defendant: Mrs Lesley Parsons; Defendant: David Anthony Ayling; Defendant: Andrea Ayling-Nacke; Defendant: Howard Martin Ayling; Defendant: Alan Derek Ayling; Defendant: Anthony Stuart Ayling
Jurisdiction
England and Wales
Judgment Date
14 September 2009
Procedural Posture
Probate / Judgment After Trial
Outcome
Claim allowed in part; grant of letters of administration revoked; probate pronounced in favour of the 1990 privileged will.
Legal Topics
Privileged Wills, Intestacy, Letters of Administration, Testamentary Intention
Succession Probate Privileged Wills Intestacy Letters of Administration Testamentary Intention

Case Brief

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Parties

Anne Ayling

Claimant

Emma Pelagia Elizabeth Summers

Defendant (personal Representative of Deceased)

Sydney Martin Ayling

Defendant

Robert Noel Ayling

Defendant

Christine Anne Dinoulis

Defendant

Keith Ayling

Defendant

Steven Ayling

Defendant

Mrs Lesley Parsons

Defendant

David Anthony Ayling

Defendant

Andrea Ayling-Nacke

Defendant

Howard Martin Ayling

Defendant

Alan Derek Ayling

Defendant

Anthony Stuart Ayling

Defendant

Procedural Posture

Probate / Judgment After Trial

Legal Issues

  1. 1 Whether the deceased made a valid privileged will under section 11 of the Wills Act 1837
  2. 2 Whether the deceased was a 'mariner or seaman being at sea' within the meaning of the Act
  3. 3 Whether the privilege applies to service on foreign-registered vessels

Ratio Decidendi

The deceased, Ashley Servoz-Gavin, made a valid privileged will in February 1990 while being a mariner under orders to join a ship, expressing a clear and deliberate intention that his estate should go to the claimant. The privilege under section 11 of the Wills Act 1837 is not restricted to British-registered vessels. The evidence of the making and intention of the 1990 will is reliable and sufficient; the 1985 will is not upheld due to lack of evidence that the deceased was under engagement at the relevant time.

Court Disposition

Claim allowed in part; grant of letters of administration revoked; probate pronounced in favour of the 1990 privileged will.

Orders

  • Grant of letters of administration revoked.
  • Probate to be granted in solemn form in favour of the 1990 privileged will.