High Court Refuses Application for Liberty to Extract Grant of Probate in Dispute Over Deceased’s Irish Assets
The High Court in Ireland has recently made a decision regarding a non-contentious application for liberty to extract a grant of probate relating to a deceased individual’s Irish assets. The case involved a deceased person who had executed a will in Ireland, leaving a holiday home to her neighbor. However, a subsequent will executed in the UK appeared to revoke the Irish will.
In the case of Re Turnham-Jones [2022] IEHC 417, Ms Justice Nuala Butler presided over the matter and held that there was a heavy burden on the applicants to prove that the revocation clause in the UK will did not revoke the earlier Irish will. Based on the evidence presented, the court was not convinced that the deceased did not intend to revoke her Irish will.
The deceased had passed away in 2014 in the UK, having executed two wills in 2011, one in Ireland and one in the UK. The Irish will specifically dealt with the deceased’s Irish assets, including a holiday house in County Wicklow. However, the subsequent UK will contained a revocation clause that seemed to revoke all earlier wills and testamentary dispositions.
The executors of the estate sought a declaration in Ireland that the Irish will was not revoked by the UK will and requested permission to extract a grant of probate. The primary issue in the case was whether the deceased intended to revoke the Irish will, with the applicants arguing that the revocation clause may not necessarily be determinative if it could be shown that the testator did not know of or approve the intended revocation.
Despite arguments and references to relevant case law, including the admissibility of extrinsic evidence to assist in the construction of a will, the court found the evidence presented to be insufficient. The court expressed concerns about the lack of information regarding the deceased’s estate, her medical condition at the time of executing the wills, and the limited evidence from solicitors involved in the drafting of the wills.
Ultimately, the court concluded that the applicants did not meet the heavy burden of proof required to show that the UK will did not revoke the Irish will. As a result, the application for a grant of probate was refused.
This case serves as a reminder of the importance of clarity and intention in will drafting, especially when dealing with assets in multiple jurisdictions. The decision highlights the complexities that can arise when dealing with cross-border estates and the need for thorough documentation and evidence to support testamentary intentions.