In re Hawksford v [2013] 2 JLR 357 (27 September 2013)

In re Hawksford v [2013] 2 JLR 357 (27 September 2013)

A revocation clause in a will dealing with Belgian assets revokes only previous wills concerning Belgian assets, not wills concerning overseas assets, if the testator's intention is clear.

Citation
[2013] 2 JLR 357
Parties
Applicant: Hawksford
Jurisdiction
Jersey
Judgment Date
27 September 2013
Procedural Posture
Succession/wills / Judgment
Outcome
revocation clause interpreted restrictively
Legal Topics
Revocation of Wills, Interpretation of Revocation Clauses, Testator's Intention
Succession Law Wills and Probate Revocation of Wills Interpretation of Revocation Clauses Testator's Intention

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Parties

Hawksford

Applicant

Procedural Posture

Succession/wills / Judgment

Legal Issues

  1. 1 Whether a revocation clause in a will dealing with Belgian assets revokes previous wills concerning overseas assets

Ratio Decidendi

A revocation clause in a will dealing with Belgian assets revokes only previous wills concerning Belgian assets, not wills concerning overseas assets, if the testator's intention is clear.

Court Disposition

revocation clause interpreted restrictively