PT-2023-BRS-000112 - [2025] EWHC 2633 (Ch)

The claimant submitted that, on the basis of the evidence of Prof Burns, the deceased had testamentary capacity at the time of making the 2014 will. The first defendant did not agree with that evidence, but realistically accepted that, without any evidence to the contrary, she had to accept it. Secondly, the claimant submitted that, given the conclusion on testamentary capacity, and given that the will had been duly executed, there was a presumption that the deceased knew and approved of the contents of the will. Moreover, there was no evidence to rebut the presumption. The first defendant said that she was neutral on that issue and made no submission. Thirdly, the first defendant confirmed that she was not pursuing the allegation of undue influence by Mr Wansbrough.

Lastly, the claimant submitted that on the evidence it was clear that the original will had been in the possession of FLS, Abbotts Wills and Probate Services Ltd, and that company’s solicitors after the death of the deceased, and that the solicitors sent it to the Probate Registry as part of their application for probate. The registry confirmed in January 2023 that it had the will. Accordingly, there was no question of any presumption of revocation by destruction by the deceased. The first defendant said in submissions that she had never intended to argue for the operation of that presumption. Instead, she was merely saying that the original will could not be found and that therefore the previous (1984) will should be admitted to probate.