Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
|
or click here to request site subscription to search and view all judgments |
The High Court admitted a reconstructed copy of a lost will to probate, rejecting the presumption that the deceased had revoked it by destruction. The court found that the original will, executed in 1992, was likely misplaced within the solicitor's office that had custody of it after the solicitor's retirement. Despite the will's absence following the deceased's passing in 2015, evidence indicated that the deceased had not reclaimed the will, and there was no indication of an intention to revoke it. The court revoked the grant of administration previously given to the notice parties and ordered the will admitted to probate in terms of the reconstructed copy.
Probate, reconstructed copy, lost will, presumption of revocation, intestacy, Succession Act 1965, due execution, testamentary freedom, grant of administration, mislaid documents, solicitor's office, High Court, estate distribution, balance of probabilities, affidavit, executor, beneficiary.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
The only subject matter index for all Irish judgments over the past thirteen years. Click here to request a subscription.
Register Now