Representation of Universal Trust Corporation [2014] JRC 163 (01 September 2014)

Representation of Universal Trust Corporation [2014] JRC 163 (01 September 2014)

The Zimbabwean Will was expressly limited to the Zimbabwean estate and did not revoke the Overseas Will; the deceased's intention was clear from the wording and extrinsic evidence, so the Overseas Will remains operative for the overseas estate.

Citation
[2014] JRC 163
Parties
Deceased: Ian Graeme Cormack (deceased); Executor (overseas Will): Barclaytrust International Limited; Executor (zimbabwean Will): Anne Eleanor White; Beneficiary (nephew): Garrick Cormack; Beneficiaries (sisters): Unnamed two sisters; Beneficiary (niece): Unnamed niece; Beneficiary (nephew): Unnamed nephew
Jurisdiction
Jersey
Judgment Date
01 September 2014
Procedural Posture
Probate Application / Judgment on Application for Direction Regarding Revocation of Will
Outcome
Application granted; declaration made that the Zimbabwean Will did not revoke the Overseas Will.
Legal Topics
Revocation of Wills, Construction of Testamentary Documents, Conflict of Laws in Succession
Succession Law Private International Law Revocation of Wills Construction of Testamentary Documents Conflict of Laws in Succession

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Parties

Ian Graeme Cormack (deceased)

Deceased

Barclaytrust International Limited

Executor (overseas Will)

Anne Eleanor White

Executor (zimbabwean Will)

Garrick Cormack

Beneficiary (nephew)

Unnamed two sisters

Beneficiaries (sisters)

Unnamed niece

Beneficiary (niece)

Unnamed nephew

Beneficiary (nephew)

Procedural Posture

Probate Application / Judgment on Application for Direction Regarding Revocation of Will

Legal Issues

  1. 1 Whether the Zimbabwean Will revoked the Overseas Will of the deceased
  2. 2 Whether the deceased died intestate in relation to his overseas estate

Ratio Decidendi

The Zimbabwean Will was expressly limited to the Zimbabwean estate and did not revoke the Overseas Will; the deceased's intention was clear from the wording and extrinsic evidence, so the Overseas Will remains operative for the overseas estate.

Court Disposition

Application granted; declaration made that the Zimbabwean Will did not revoke the Overseas Will.

Orders

  • The Zimbabwean Will did not revoke the Overseas Will.
  • Order is final and binding as no application was made by Garrick Cormack before the deadline.