The deceased made a will with two codicils and a later will with a clause of revocation. Probate was sought in respect of all four of the documents ‘as together containing the will of the deceased, excluding from the last the clause of revocation.’
Held: Hannen J said: ‘It was clearly not the intention of the deceased to revoke her previous will. From the facts stated in the affidavit it is evident that the words of revocation were introduced into the last paper per incuriam, and therefore probate will issue without them.’ The judge had received and relied upon an affidavit from one of the executors who attended on the deceased when she executed it that no instructions were given to the person who drew up the second will to insert a clause of revocation, the will was never read over by or to the deceased before she executed it and she was not aware of the clause of revocation contained therein.
Sir James Hannen P
(1874) LR 3 P and D 162, [1874] UKLawRpPro 8, (1872-1875) LR 3 PD 162
Commonlii
England and Wales
Cited by:
Cited – Lamothe v Lamothe and Others ChD 15-Jun-2006
The deceased had made a will in England but later made a will in Dominica revoking all other wills. After the first death, probate of the first will was taken out in ignorance of the second. The claimant, still in ignorance of the second will, took . .
Cited – Marley v Rawlings and Another SC 22-Jan-2014
A husband and wife had each executed the will which had been prepared for the other, owing to an oversight on the part of their solicitor; the question which arose was whether the will of the husband, who died after his wife, was valid. The parties . .
Lists of cited by and citing cases may be incomplete.
Wills and Probate
Updated: 04 December 2021; Ref: scu.375065