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 he made a nuncupative will.
Held: The court upheld the will. Havers J said that it had been made ‘in contemplation of sailing on that ship on that particular voyage, and . . he was preparing for that voyage.’
Judges:
Havers J
Citations:
[1952] P 92
Jurisdiction:
England and Wales
Cited by:
Cited – Re Rapley, deceased ChD 1983
The deceased was an apprentice with Ellerman City Lines. He was discharged from one ship on 7 October 1960 and joined another of his employer’s ships on 29 November. He attempted to make a privileged will on 22 October when, as was common ground at . .
Cited – Ayling v Summers and Others ChD 14-Sep-2009
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 . .
Lists of cited by and citing cases may be incomplete.
Wills and Probate
Updated: 28 June 2022; Ref: scu.375935