Fiona Burgess v Julie Elizabeth Whittle & Anor

Fiona Burgess v Julie Elizabeth Whittle & Anor

The deceased had testamentary capacity at the time of making the 2014 will, the will was duly executed, the presumption of knowledge and approval applies, there was no undue influence, and the loss of the original will after death does not prevent probate of a copy; the claimant is entitled to a grant of letters of administration with the copy will annexed.

Parties
Claimant: Fiona Jane Burgess; First Defendant: Julie Elizabeth Whittle; Second Defendant: Robert Paul Rowell
Jurisdiction
England and Wales
Judgment Date
16 October 2025
Procedural Posture
Probate Claim / Trial Judgment
Outcome
claim succeeds
Legal Topics
Testamentary Capacity, Knowledge and Approval, Undue Influence, Loss of Will, Revocation by Destruction
Probate Property Trusts Testamentary Capacity Knowledge and Approval Undue Influence Loss of Will Revocation by Destruction

Case Brief

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Parties

Fiona Jane Burgess

Claimant

Julie Elizabeth Whittle

First Defendant

Robert Paul Rowell

Second Defendant

Procedural Posture

Probate Claim / Trial Judgment

Legal Issues

  1. 1 Whether the deceased had testamentary capacity at the time of making the 2014 will
  2. 2 Whether the deceased knew and approved the contents of the 2014 will
  3. 3 Whether the 2014 will was made under undue influence

Ratio Decidendi

The deceased had testamentary capacity at the time of making the 2014 will, the will was duly executed, the presumption of knowledge and approval applies, there was no undue influence, and the loss of the original will after death does not prevent probate of a copy; the claimant is entitled to a grant of letters of administration with the copy will annexed.

Court Disposition

claim succeeds

Orders

  • Grant of letters of administration with the copy will annexed to the claimant, limited until such time as the original will is found