Jersey Judgment

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

Succession Law Wills and Probate Revocation of Wills Interpretation of Revocation Clauses Testator's Intention

Citation: [2013] 2 JLR 357
Status: Judgment
Jurisdiction: Jersey
Posture: Succession/wills / Judgment

More details

Posture: Succession/wills / Judgment

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Professional case brief

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Source document

Holding and result

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

Material facts

Parties

Hawksford

Applicant

Procedural history

Posture

Succession/wills / Judgment

Questions and positions

Legal issues

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

Party arguments

Applicant: The revocation clause in the will dealing with Belgian assets should only revoke previous wills concerning Belgian assets, not those concerning overseas assets, if the testator's intention is clear.

Court’s reasoning

Legal principles

01
2013 (2) JLR 357

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

Ratio, limits and disposition

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

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Court record

Judgment

[2013] 2 JLR 357

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