Estate of Greig 10-Apr-2006 [2006] JRC 058 (19 April 2006)

Estate of Greig 10-Apr-2006 [2006] JRC 058 (19 April 2006)

The photocopy of the will is admitted to probate because the evidence shows the original was properly executed, lost due to actions of a third party, and the presumption of revocation is rebutted by clear evidence of the deceased's intent.

Citation
[2006] JRC 058
Parties
Representor: Alexander Norman Ridout; Deceased: William Willox Greig; Interested Party: Mr Andueza
Jurisdiction
Jersey
Judgment Date
19 April 2006
Procedural Posture
Probate Application / Judgment
Outcome
Photocopy of will admitted to probate.
Legal Topics
Admission of Photocopy of Will, Revocation of Prior Wills, Foreign Domiciled Testator, Execution of Wills
Probate Succession Admission of Photocopy of Will Revocation of Prior Wills Foreign Domiciled Testator Execution of Wills

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Parties

Alexander Norman Ridout

Representor

William Willox Greig

Deceased

Mr Andueza

Interested Party

Procedural Posture

Probate Application / Judgment

Legal Issues

  1. 1 Whether a photocopy of a will can be admitted to probate when the original is lost
  2. 2 Whether the deceased revoked the prior Spanish will
  3. 3 Whether the will was properly executed under Jersey law

Ratio Decidendi

The photocopy of the will is admitted to probate because the evidence shows the original was properly executed, lost due to actions of a third party, and the presumption of revocation is rebutted by clear evidence of the deceased's intent.

Court Disposition

Photocopy of will admitted to probate.

Orders

  • Photocopy of the will of 29th February 2000 to be admitted to probate.