The following Wills & Probate Q&A produced in partnership with Lynne Counsell of 9 Stone Buildings provides comprehensive and up to date legal information covering:
The question is referring to the presumption of law that if a Will can be traced back to the possession of the testator and it is not forthcoming on his death after all reasonable search and inquiry, it was destroyed by the testator with an intention to revoke it (animo revocandi). The presumption is based on the fact that ‘…it is highly reasonable to suppose that an instrument of so much importance would be carefully preserved by a person of ordinary caution in some place of safety and would not be lost or stolen; and if, on the death of the maker, it is not found…it is in a high degree probable that the deceased has purposely destroyed it’ Welch v Phillips (1836) 1 Moo PCC 299 (not reported by LexisNexis®) at page .
For revocation generally, s
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