Letters of administration had been taken out, but it was subsequently discovered that the deceased, a seamen, may have made a nuncupative will which would be valid if made at sea. He had said: ‘You listen to me. If anything happens to me, I want everything to go to Auntie Anne.’ and later ‘What I told you before still applies. If anything happens to me, if I snuff it, I want everything to go to Auntie Anne.’ It was submitted that the ability to make a privileged will was restricted to seamen on British registered ships.
Held: The oral will was upheld. The restrictive construction of the Act proposed was not accepted: ‘I am faced with four very ordinary words, ‘a mariner or seaman’, which are easily understood and which, on their plain meaning, apply to all mariners and seamen.’ There was no mention of national service in the section. The court had no doubt that the deceased was to be understood to be ‘at sea’ when the words were spoken, since all his actions at that time were as to his return to sea under orders. He was contemplating the voyage and preparing for it.
Peter Langan J
[2009] WTLR 1657, [2010] 1 All ER 410, [2009] EWHC 3168 (Ch)
Bailii
Wills Act 1837 11, Wills (Soldiers and Sailors) Act 1918
England and Wales
Citing:
Cited – Bilka-Kaufhaus v Webers Von Hartz ECJ 13-May-1986
ECJ An occupational pension scheme which, although established in accordance with statutory provisions, is based on an agreement between the employer and employee representatives constitutes an integral part of . .
Cited – Re Stable, deceased. Dalrymple v Campbell 1918
It is not necessary for the validity of a privileged (nuncupative) will that the testator knew that he was making a will: what is required is that he ‘intended deliberately to give expression to his wishes as to what should be done with his property . .
Cited – In the Goods of Sarah Hale 1915
The deceased was a typist employed by the Cunard Steamship Company. Her permanent assignment was as a typist on board the Lusitania but, when not working on the ship, she worked in the company’s offices in Liverpool. She made her will while working . .
Cited – In The Goods Of Hugh Donaldson Donaldson, M D 1-May-1840
Sir Herbert Jenner said that: ‘The deceased must be considered to have been a surgeon in the East India Company’s service; his being in charge of recruits for royal regiments, which was no part of his regimental duty, would not constitute him a . .
Cited – Re Beech 1923
Provided the words of a will have been read and accepted by a testator, they take effect even if the legal effect was not understood: ‘The contention is that if a will does not have the effect intended the testator cannot be said to have known and . .
Cited – In the Goods of Newland, deceased 1952
The judge upheld the nuncupative will of an apprentice in the merchant navy while on shore leave (which was, at longest, from 4 July to 1 August 1944) from the troopship on which he was employed. . .
Cited – In the Goods of Wilson, Wilson v Coleclough ChD 1952
The deceased had been a chief officer employed by an oil company. He came ashore in England from one vessel on 10 January 1946, and was on leave until 16 April. On 25 April he received instructions to join another ship on 30 April, and on 27 April . .
Lists of cited by and citing cases may be incomplete.
Wills and Probate, Armed Forces, Transport
Updated: 01 November 2021; Ref: scu.375618