Will made in the UK revokes previous Irish will

Probate – Succession Act 1965 – prior to executing UK will, the deceased executed a will in Ireland which disposed of her Irish estate – subsequent UK will contains a revocation clause – seeking a declaration that the Irish will was not revoked by the UK will – order granting the executor named in the Irish will liberty to extract a grant of probate – deceased’s estate in UK will described as all my property of every kind wherever situate – heavy burden of proof on the applicant – extrinsic evidence admissible to show the intention of the testator – evidence in this case is relatively thin – cause of death is severe vascular dementia – wills in issue made three years prior to her death – no medical evidence adduced – no evidence forthcoming from the solicitors who drew up both wills -cannot draw an inference that the testator did not understand the meaning or effect of the revocation clause on the scope of her estate – straightforward language – evidential basis for the belief that testator intended UK and Irish will to have separate validity and effect is not strong – if Irish will is revoked, the Irish property will not fall into intestacy – falls to be distributed in accordance with the UK will – relevant intention to the distribution of the estate is that which is evident from the validly executed will of the deceased – save in exceptional circumstances it must be taken to be the intention of the testator even if member’s of the family are convinced that was not what the testator intended – notwithstanding the lack of objection from those who might otherwise benefit if the application was disallowed, the court refuses the application.