In the Will of; Ex parte

The case before the court involved a dispute regarding the validity and interpretation of a will executed by Peter John Hammond, who died on 22 June 2024. The central issue was whether the will was revoked by the deceased’s subsequent entry into a civil partnership with Ms Vu on 5 August 2024. Additionally, the court needed to determine whether the will was made by the deceased in contemplation of entering into a civil partnership, and if so, whether probate should be granted to Ms Powers, the nominated executor.

The court examined various pieces of evidence, including the nature of the relationship between the deceased and Ms Vu, the deceased's statements regarding his intentions to enter into a civil partnership, and the provisions of the will. The court concluded that the deceased had made the will with the intention of entering into a civil partnership with Ms Vu, as evidenced by his determination to enter into that relationship and provide for her. The court found that the deceased’s actions were more than a mere awareness of the possibility of entering into a civil partnership, but rather a firm intention to do so.

As a result, the court found that the will was not revoked by the deceased’s entry into the civil partnership. Instead, the will was made in contemplation of that partnership. Ms Powers, the deceased’s chosen executor, was deemed suitable to receive a plenary grant of probate. The court granted probate to Ms Powers, subject to formal requirements, and ordered that the applicant’s costs be paid from the deceased's estate on an indemnity basis.