The High Court has ruled that a general revocation clause in a will made in London in 2013 did not revoke an earlier Irish will and four codicils dealing with the deceased’s Irish estate.
The judgment, delivered by Ms Justice Baker on 13 June 2016, arose from an application by Michael C. Larkin, one of the executors named in the 2007 Irish will. The application asked the court to determine the effect of the later will’s clause revoking all previous wills and codicils.
The deceased, William Joseph Courtney, died in October 2013 aged 84. He had made the Irish will in 2007 and executed four codicils between 2008 and 2011. Those documents dealt only with his Irish property. A homemade will executed in London on 22 September 2013 dealt with his interest in a West Hampstead house and the proceeds of his current bank accounts, but had no residuary clause.
The court heard affidavit evidence that the deceased had said he intended his Irish estate to be dealt with by an Irish will and remain with his Irish family. His widow, Patricia Alvina Courtney, also stated that she believed he did not intend the 2013 will to revoke the Irish documents. The judgment noted there was no contest between the executor and the person who would inherit on intestacy if the Irish will were revoked.
Justice Baker considered the wording of the revocation clause alongside evidence about how the wills were prepared and the deceased’s intentions. The Irish will and codicils had been prepared with legal advice and consistently dealt with Irish assets; the 2013 will made no reference to the Irish estate. The judgment also noted that the 2013 document was handwritten on pre-printed stationery and made no amendments to its pre-drafted contents.
The court concluded that the deceased did not approve the general effect of the 2013 revocation clause and did not intend to die intestate in relation to his Irish estate. It ordered that the clause was limited in effect and had not revoked the 2007 Irish will or its four codicils. The order addressed the revocation question; the judgment did not determine other matters concerning the estate.