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Nicholls v Hudson

On the balance of probabilities, with regard to all the evidence, it was appropriate to infer that a will had been lost, misplaced or destroyed by accident or neglect, but with no intention of revocation. Therefore, letters of administration granted would be revoked and an order made pronouncing in favour of the missing original will.

13 October 2006

The applicant daughter (N) applied to revoke the grant of letters of administration of the estate of her deceased father (T) in favour of the respondent stepmother (H). T had been married three times. N and her sister were the children of T’s second marriage. T divorced N’s mother and married H, who had three sons from her previous marriage. T and H had two children together. T had made a will in 1992 that provided for his four children to receive equal shares in his estate and omitted any provision for the children of H’s first marriage. T gave N and her sister copies of his will and informed them that if he died, H should be allowed to remain in the matrimonial home if she wanted to. T died and H obtained the grant of letters of administration of his estate on the basis he had died intestate. H sold the matrimonial home and dissipated most of the sale proceeds. H argued that she had been unable to find T’s original will and therefore it had to be presumed that he had destr...

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