Re Phelan, decd
| Jurisdiction | England & Wales |
| Date | 1971 |
| Year | 1971 |
| Court | Probate, Divorce and Admiralty Division |
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7 cases
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Timothy Mundil-Williams v Richard John Williams
...to the testatrix's intentions by means of construction of what remained. 73 In re Morris, deceased was followed in In re Phelan, deceased [1972] Fam 33, where at 35 Stirling J summarised the law: “The court also has power, if it is satisfied as to the testator's clear intention, to omit cer......
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The Estate of Stephen Michael Tester
...Estate of Wesley (deceased) (1998) 71 SASR 1 at 4; Lesses (Deceased) [2013] SASC 23 at [21]. 11 See, for example, Re Phalen (Deceased) [1971] 3 WLR 888. 12 See, for example, Collins and Tuffley v Elstone [1893] P 1, Estate of Beech v Public Trustee [1923] P 46; Re Horrocks, Taylor v Kershaw......
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Kench-Andrews v The Succession Act 1965
...did not have knowledge of or approve the intended revocation. Relying on the judgments in Re Keenan [1946] 80 ILTR 1 and Re Phelan [1972] Fam 33, Baker J stated as follows:- 15. Implicit in this dicta is that a clear revocation clause, while it might raise a presumption that a testator inte......
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Kench-Andrews v The Succession Act 1965
...did not have knowledge of or approve the intended revocation. Relying on the judgments in Re Keenan [1946] 80 ILTR 1 and Re Phelan [1972] Fam 33, Baker J stated as follows:- 15. Implicit in this dicta is that a clear revocation clause, while it might raise a presumption that a testator inte......
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4 books & journal articles
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Table of Cases
...2 All ER 174, [2011] 2 WLR 1086 27, 66 Pesticcio v Huet [2003] 2 P & CR D22, 73 BMLR 57, [2003] All ER (D) 237 (Apr), ChD 82 Phelan, Re [1972] Fam 33, [1971] 3 WLR 888, [1971] 3 All ER 1256, 115 Sol Jo 710 110–111 Pinnell v Anison [2005] EWHC 1421 (Ch), [2006] WTLR 1047, [2005] All ER (D) 4......
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Revocation of a Will
...the relevant intention. For example, where the revocation was in fact an act of inadvertence or a mistake, as occurred in Re Phelan [1971] 3 All ER 1256, or where the will was destroyed when the testator/testatrix was drunk, as in In the Goods of Brassington [1902] P 1. In Re Phelan , the t......
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Testamentary Capacity and Intention
...cases, the offending words are omitted from the probate of the will on the basis the testator did not know or approve them (see Re Phelan [1972] Fam 33). However, if the testator intends to include words in a will and does so but is mistaken as to the legal effect of the will as a whole, or......
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Where There's a Will There's a Way: Marley v Rawlings and Another
...ibid at [41].19 Identified in the Law Reform Committee, Interpretation of Wills (Report #19, 1973).20 See, for example, Re Phelan [1972] Fam 33. Note, however, that the power does not extend to theomission of words that the testator was aware of but about which he was mistaken as to their le......