JSPCA v Rees [2001] JLR 506 (29 August 2001)

JSPCA v Rees [2001] JLR 506 (29 August 2001)

The court held that a photocopy of a properly attested will may be registered if the original is lost, but there is a presumption that a will lost in the possession of the testatrix was destroyed with the intention of revoking it, which can be rebutted by clear evidence to the contrary.

Citation
[2001] JLR 506
Parties
Applicant: JSPCA; Respondent: Rees
Jurisdiction
Jersey
Judgment Date
29 August 2001
Procedural Posture
Succession/wills / Application for Registration of Will
Outcome
application allowed subject to rebuttal of presumption
Legal Topics
Registration of Wills, Lost Wills, Presumption of Revocation
Succession Law Probate Registration of Wills Lost Wills Presumption of Revocation

Case Brief

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Parties

JSPCA

Applicant

Rees

Respondent

Procedural Posture

Succession/wills / Application for Registration of Will

Legal Issues

  1. 1 Whether a photocopy of a properly attested will can be registered when the original is lost
  2. 2 Whether the presumption that a will lost in the possession of the testatrix was destroyed with the intention of revoking it can be rebutted

Ratio Decidendi

The court held that a photocopy of a properly attested will may be registered if the original is lost, but there is a presumption that a will lost in the possession of the testatrix was destroyed with the intention of revoking it, which can be rebutted by clear evidence to the contrary.

Court Disposition

application allowed subject to rebuttal of presumption

Orders

  • Photocopy of will may be registered if presumption of revocation is rebutted