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(1) PETER KENNEDY COURT (2) MICHAEL IVAN GROSE (3) GARY PARFITT (4) WILLIAM ANTHONY GAFF v ALEXANDRE RENAUD MARCEL DESPALLIERES

It was not possible to prevent the revocation of a will pursuant to the Wills Act 1837 s.18B(3) where the testator had subsequently entered into a civil partnership, where the will merely contained a general statement that it was intended to survive a subsequent civil partnership, and it did not show that the testator was expecting to form a civil partnership, let alone with a particular person.

12 January 2010

The applicants (C) applied for summary judgment of their claim that the will of the deceased had been revoked under the Wills Act 1837 s.18B(1) as a consequence of the civil partnership entered into between the deceased and the respondent (D). The deceased had a large estate, which included properties and substantial assets in several different countries. He had made a will leaving his entire estate to the third claimant and various other people and charities. The deceased had entered into a personal relationship with D, and according to D he made a new will. The will stated the previous will was to be revoked; directed that the will in question not be revoked by subsequent civil union partnership; and bequeathed the entirety of the estate to D. The deceased and D entered into a civil partnership, and the deceased died soon afterwards. D obtained a grant of letters of administration with will annexed, and in reliance upon the grant D obtained a grant of probate of one of the moveabl...

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