Stephen Spierin and Brian Spierin write about the case of In the Matter of the Estate of John Coughlan, Deceased. This decision concerns an application under s 26(2) of the Succession Act 1965 to revoke, cancel and recall the grant of probate which issued in 2021 in respect of a will made by the deceased in September 2012 (‘the 2012 will’). The primary issue concerns the application of the doctrine of dependent relative revocation, otherwise known as conditional revocation, in circumstances where the deceased made a second will in July 2015 (‘the 2015 will’), formally revoking the 2012 will. The 2015 will was subsequently destroyed following incorrect legal advice to the effect that the 2012 will would be revived.
Users without a subscription are not able to see the full content. Please, subscribe or login to access all content.