Representation of Barclay [2009] JRC 070 (15 April 2009)

Representation of Barclay [2009] JRC 070 (15 April 2009)

The revocation clause in the holograph will did not revoke the Jersey and Panama Will, and the photocopy of the Jersey and Panama Will is admissible to probate as the original cannot be found, it was properly executed, and there is no evidence of revocation.

Citation
[2009] JRC 070
Parties
Representor / Executrix: Dinah Needham; Deceased: Pamela May Barclay (née Turner) formerly Needham
Jurisdiction
Jersey
Judgment Date
15 April 2009
Procedural Posture
Probate Representation / Application for Grant of Probate of a Photocopy of Will
Outcome
Photocopy of Jersey and Panama Will admitted to probate
Legal Topics
Admissibility of Photocopy of Will, Revocation of Will, Execution of Wills
Probate Wills and Estates Admissibility of Photocopy of Will Revocation of Will Execution of Wills

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Parties

Dinah Needham

Representor / Executrix

Pamela May Barclay (née Turner) formerly Needham

Deceased

Procedural Posture

Probate Representation / Application for Grant of Probate of a Photocopy of Will

Legal Issues

  1. 1 Whether the holograph will revoked the Jersey and Panama Will
  2. 2 Whether a photocopy of the Jersey and Panama Will can be admitted to probate

Ratio Decidendi

The revocation clause in the holograph will did not revoke the Jersey and Panama Will, and the photocopy of the Jersey and Panama Will is admissible to probate as the original cannot be found, it was properly executed, and there is no evidence of revocation.

Court Disposition

Photocopy of Jersey and Panama Will admitted to probate

Orders

  • Photocopy of Jersey and Panama Will to be admitted to probate