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Contentious probate and “lost” wills

Trusts and Estates

Contentious probate and “lost” wills

This recent authority, which is the decision of a trial of a preliminary issue, was given in the context of contentious probate proceedings concerning the validity of a homemade will made by a testator with very significant mental health issues (and in circumstances which the court described as being sad on a number of occasions). It is interesting as a relatively rare instance in which the court was asked to determine a fully contested application in relation to whether a “lost will” had ever in fact been executed and the application of the presumption of destruction.

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