The Estate of William Joseph Courtney [2016] IEHC 318 (18 June 2016)

The Estate of William Joseph Courtney [2016] IEHC 318 (18 June 2016)

The court found, based on extrinsic evidence and the careful separation of Irish and English testamentary dispositions, that the deceased did not intend the revocation clause in his English will to revoke his Irish will and codicils. The revocation clause was limited in effect to prior English testamentary documents.

Citation
[2016] IEHC 318
Parties
Applicant: Michael C. Larkin; Notice Party: Patricia Alvina Courtney; Beneficiary: Mary; Executrix (english Will): Josephine E. Evans; Notice Party/beneficiary: Michael Courtney
Jurisdiction
Ireland
Judgment Date
18 June 2016
Procedural Posture
Probate Application / Judgment on Effect of Revocation Clause
Outcome
Declaration granted; the revocation clause in the English will did not revoke the Irish will and codicils.
Legal Topics
Revocation of Wills, Extrinsic Evidence, Testamentary Intention, Domicile
Probate Succession Revocation of Wills Extrinsic Evidence Testamentary Intention Domicile

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Parties

Michael C. Larkin

Applicant

Patricia Alvina Courtney

Notice Party

Mary

Beneficiary

Josephine E. Evans

Executrix (english Will)

Michael Courtney

Notice Party/beneficiary

Procedural Posture

Probate Application / Judgment on Effect of Revocation Clause

Legal Issues

  1. 1 Whether the revocation clause in the English will of 22 September 2013 revoked the Irish will and codicils of 20 August 2007 and subsequent dates

Ratio Decidendi

The court found, based on extrinsic evidence and the careful separation of Irish and English testamentary dispositions, that the deceased did not intend the revocation clause in his English will to revoke his Irish will and codicils. The revocation clause was limited in effect to prior English testamentary documents.

Court Disposition

Declaration granted; the revocation clause in the English will did not revoke the Irish will and codicils.

Orders

  • Order that the revocation clause in the will of 22 September 2013 was limited in effect and did not revoke the Irish will and four codicils thereto.