Representation of Hawksford Executors Ltd [2013] JRC 188 (27 September 2013)

Representation of Hawksford Executors Ltd [2013] JRC 188 (27 September 2013)

The deceased was domiciled in England at the time of the Belgian will. The Belgian will was intended to deal only with Belgian assets and did not revoke the world-wide will, as evidenced by the wording of the wills, extrinsic evidence, and the conduct of the deceased.

Citation
[2013] JRC 188
Parties
Applicant: Hawksford Executors Ltd; Beneficiary: Imperial Cancer Research Fund; Beneficiary: Royal Society for the Prevention of Cruelty to Animals; Beneficiary: Royal Air Force Benevolent Fund; Beneficiary: Belgian Alzheimer Foundation; Beneficiary: Anglican Holy Trinity Church Pro-Cathedral (Belgium); Beneficiary: Six individuals (goddaughter, nephews and nieces of late husband)
Jurisdiction
Jersey
Judgment Date
27 September 2013
Procedural Posture
Probate Application / Judgment on Will Revocation and Domicile
Outcome
Application granted; world-wide will not revoked by Belgian will.
Legal Topics
Will Revocation, Testamentary Intention, Domicile, Conflict of Laws
Probate Private International Law Will Revocation Testamentary Intention Domicile Conflict of Laws

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Parties

Hawksford Executors Ltd

Applicant

Imperial Cancer Research Fund

Beneficiary

Royal Society for the Prevention of Cruelty to Animals

Beneficiary

Royal Air Force Benevolent Fund

Beneficiary

Belgian Alzheimer Foundation

Beneficiary

Anglican Holy Trinity Church Pro-Cathedral (Belgium)

Beneficiary

Six individuals (goddaughter, nephews and nieces of late husband)

Beneficiary

Procedural Posture

Probate Application / Judgment on Will Revocation and Domicile

Legal Issues

  1. 1 Whether the Belgian will revoked the world-wide will of the deceased
  2. 2 Whether the deceased was domiciled in England or Belgium at the time of the alleged revocation

Ratio Decidendi

The deceased was domiciled in England at the time of the Belgian will. The Belgian will was intended to deal only with Belgian assets and did not revoke the world-wide will, as evidenced by the wording of the wills, extrinsic evidence, and the conduct of the deceased.

Court Disposition

Application granted; world-wide will not revoked by Belgian will.

Orders

  • Declaration that the Belgian will did not revoke the world-wide will.
  • Directions given accordingly.