In re Vickers v [2001] JLR 712 (29 November 2001)
- Citation
- [2001] JLR 712
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Succession / Judgment
More details
- Posture
- Succession / Judgment
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
A general revocation clause in a will concerning property in one country does not necessarily revoke a will concerning property in another country unless the testatrix's intention to do so is clearly established.
Court disposition
Revocation not established for will concerning property in another country.
02
Material facts
Parties
Vickers
Testatrix03
Procedural history
Posture
Succession / Judgment
04
Questions and positions
Legal issues
- 01
Whether revocation of 'all previous testamentary dispositions' in a will concerning property in one country revokes a will concerning property in another country
- 02
Whether express words are necessary to prove revocation of a prior will
Party arguments
- Applicant
- Applicant contends that the revocation clause in the later will applies to all prior testamentary dispositions, including those concerning property in another country.
- Respondent
- Respondent argues that the revocation clause was not intended to revoke the will concerning property in another country and that express words are not always necessary to prove revocation.
05
Court’s reasoning
Legal principles
- 01
[2001] JLR 712
Revocation of a will is not necessarily proved by express words in a testamentary document, but such words are a significant factor in determining the testatrix's intention.
- 02
[2001] JLR 712
In wills concerning property in one country, a general revocation clause may not be intended to revoke a will concerning property in another country.
06
Ratio, limits and disposition
Ratio decidendi
A general revocation clause in a will concerning property in one country does not necessarily revoke a will concerning property in another country unless the testatrix's intention to do so is clearly established.
Court disposition
Revocation not established for will concerning property in another country.
Source and reliance status
Official court record
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Judgment text
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Court record
Judgment
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