In the matter of the Late Paul Glanville Hartopp [2024] JRC 180 (09 September 2024)

In the matter of the Late Paul Glanville Hartopp [2024] JRC 180 (09 September 2024)

The photocopy of the non-South African Will dated 7 June 2022 is admitted to probate because the original was properly executed, lost, and there is no evidence of revocation or destruction; the presumption of revocation is rebutted.

Citation
[2024] JRC 180
Parties
Applicant: Buckles LLP; Deceased: Paul Glanville Hartopp; Executor (renounced): Michael Pare; Beneficiary: Adinda Hartopp
Jurisdiction
Jersey
Judgment Date
09 September 2024
Procedural Posture
Probate Application / Judgment on Admission of Photocopy Will
Outcome
application granted
Legal Topics
Admission of Lost Will, Presumption of Revocation, Execution Formalities
Probate Succession Admission of Lost Will Presumption of Revocation Execution Formalities

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Buckles LLP

Applicant

Paul Glanville Hartopp

Deceased

Michael Pare

Executor (renounced)

Adinda Hartopp

Beneficiary

Procedural Posture

Probate Application / Judgment on Admission of Photocopy Will

Legal Issues

  1. 1 Whether a photocopy of a lost will can be admitted to probate
  2. 2 Whether the presumption of revocation applies
  3. 3 Whether the will was properly executed under Jersey law

Ratio Decidendi

The photocopy of the non-South African Will dated 7 June 2022 is admitted to probate because the original was properly executed, lost, and there is no evidence of revocation or destruction; the presumption of revocation is rebutted.

Court Disposition

application granted

Orders

  • Photocopy of the non-South African Will dated 7 June 2022 admitted to probate in Jersey.