Trusts and Estates

Death of the presumption of revocation?

Jones v Tracey and Others [2023] EWHC 2242 (Ch) and Jones v Tracey [2023] EWHC 2256 (Ch)

This case, which came to trial in July 2023, concerned the will of the late David Turner dated 21 February 2013 ("the Will"). The issue for the court to determine was whether, the original will not having been found, Mr Turner had revoked the Will. Samuel Jones propounded the Will under which he was the residuary beneficiary. His claim was opposed by the third defendant Linda Cano, who was Mr Turner's estranged sister. In the event that the Will was revoked, Ms Cano stood to inherit Mr Turner's entire estate as the beneficiary on intestacy.

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