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

I have already said that I am satisfied on the evidence of Prof Burns that the deceased had sufficient testamentary capacity to satisfy the legal test in Banks v Goodfellow at the time of executing the 2014 will. On the basis of the summary of the law which I have set out above, and the findings of fact that I have made, the presumption of knowledge and approval of the contents of the will applies, and the presumption of revocation by destruction does not apply. It is no objection in itself to a grant that the original will cannot be found. I know that the allegation of undue influence has not been pursued, but it is a serious allegation, especially against a professional person. On the material before me, I consider that it should never have been made, especially in the unparticularised way that it was. Overall, I consider that this claim succeeds. As to the grant itself, I consider that it should be a grant to the claimant of letters of administration with the copy will annexed, limited until such time as the original will be found.