The Estate of William Joseph Courtney

Factual and Procedural Background

The opinion concerns an application by an executor named in a will made in Ireland by the deceased on 20th August 2007, seeking a declaration regarding the effect of a revocation clause in a later will executed by the deceased in London on 22nd September 2013. The deceased, domiciled in England and Wales at the time of death, held substantial property in Ireland and maintained close ties with Irish relatives. The Irish will and four codicils dealt exclusively with the Irish estate, while the English will addressed assets in England and Wales. The key issue arose because the English will contained a general revocation clause that could potentially revoke the Irish will and codicils, which would result in intestacy regarding the Irish estate. The deceased died on 30th October 2013, survived by his widow, who contested the revocation of the Irish will. The English will had been admitted to probate in England. The Irish High Court was asked to determine whether the revocation clause in the English will revoked the Irish will and codicils.

Legal Issues Presented

1. Whether the revocation clause in the will executed in England on 22nd September 2013 had the effect of revoking the Irish will made on 20th August 2007 and the four codicils thereto.
2. Whether extrinsic evidence is admissible to ascertain the testator’s intention regarding the revocation clause.
3. The extent to which the testator’s knowledge, approval, and understanding of the revocation clause affect its validity and effect.

Arguments of the Parties

Appellant's Arguments (Executor)

• The executor sought a declaration on the effect of the revocation clause in the later English will.
• There was no dispute as to the validity of the Irish will and codicils, which were properly executed under Irish law.
• Extrinsic evidence should be considered to determine the testator’s true intention regarding revocation.
• The deceased maintained a long-standing intention that the Irish estate be governed by the Irish will and remain with Irish relatives.

Appellee's Arguments (Widow)

• The widow asserted that the deceased did not intend to revoke the Irish will by executing the English will.
• She contended that the deceased considered his Irish and UK assets separately and maintained separate wills accordingly.
• The English will was intended only to revoke a prior UK will, not the Irish will and codicils.

Table of Precedents Cited

Court's Reasoning and Analysis

The court began by acknowledging the statutory framework under Section 85(2) of the Succession Act 1965, which allows revocation of a will only by another will or codicil duly executed, or by a writing declaring an intention to revoke it, executed with the same formalities. The court emphasized that revocation requires the testator’s intention (animus revocandi), and a clear revocation clause raises a presumption of such intent if the testator knew and approved it.

The court examined the 2013 English will’s revocation clause, noting it contained no residuary clause and dealt only with English assets. The absence of reference to Irish property suggested the testator intended to keep the Irish will operative for Irish assets.

Applying authorities such as Re Keenan, Re Phelan, and Re Morris, the court stressed the importance of the testator’s knowledge and approval of the revocation clause. It considered extrinsic evidence admissible to resolve ambiguity or ascertain intention, relying on Rowe v. Law and O’Connell v. Bank of Ireland.

The court reviewed uncontested evidence, including affidavits from the widow and beneficiaries, establishing the deceased’s consistent intention that his Irish estate be governed by the Irish will and remain with Irish relatives. The deceased’s solicitor’s long-standing involvement and the careful drafting of the Irish will and codicils reinforced this intention.

The court found that the testator did not know, approve, or intend the broad revocation effect of the 2013 will’s clause on the Irish testamentary documents. The extrinsic evidence demonstrated the deceased’s wish to avoid dying intestate as to his Irish estate and to maintain separate testamentary arrangements for his Irish and English assets.

Consequently, the court held that the revocation clause’s effect was limited and did not revoke the Irish will and codicils.

Holding and Implications

The court held that the revocation clause contained in the will executed in England on 22nd September 2013 did not revoke the Irish will made on 20th August 2007 nor the four codicils thereto.

The direct effect of this decision is that the Irish will and codicils remain valid and operative with respect to the deceased’s Irish estate. The deceased is not deemed to have died intestate as to his Irish property. No broader precedent beyond the specific facts of this case was established.