We have adopted a specialist team approach to our practices for many years. We feel that this is the way our clients want us to work, and that specialisation leads to the provision of a better service.
We have adopted a specialist team approach to our practices for many years. We feel that this is the way our clients want us to work, and that specialisation leads to the provision of a better service.
Insights
03/03/2025
Ollie Murrell successful in High Court probate claim.
The High Court has handed down judgment in Packer v Packer [2025] EWHC 461 (Ch), in which Ollie Murrell acted for the successful claimant, Debra Packer. Debra was granted letters of administration in her husband’s estate on the basis he died intestate.
Lynn Packer, the Deceased’s sister, sought to propound a draft will. She claimed that she, her son, and her partner were all present when it was validly executed. The original draft/executed version was not located on the Deceased’s death.
The High Court found (i) Lynn’s pleaded case was not pursued at trial and the evidence adduced at trial did not support her pleaded case, (ii) contrary to Lynn, her son, and her partner’s evidence at trial, the draft will had not been executed in accordance with s.9 Wills Act 1837, (iii) the presumption of revocation was not rebutted, and (iv) in any event, the Deceased likely destroyed the draft will himself.
Lynn pursued allegations throughout the case and at trial that Debra had fraudulently destroyed the draft will but withdrew this allegation in closing submissions.
A full case analysis will follow in due course. Explaining the many twists and turns in this case, the judgment, and its consequences for practitioners.
To view the full judgment please follow the link here
To view Ollie’s profile please click here
Call: 2022
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