Re Will of Jane (No 2)

The application before the court was brought by the plaintiff seeking the making of a statutory will for the first defendant, Jane, under section 18 of the Succession Act 2006. The plaintiff, acting as the administrator of Jane's estate, sought to establish a statutory will due to the absence of a valid will from the deceased. The first defendant was Jane's daughter, and the second defendant was Jane's husband, who opposed the application. The court was required to determine whether the conditions under which a statutory will could be made were satisfied and whether leave should be granted to the plaintiff to apply for such a will.

The central legal issues before the court were whether the statutory criteria for making a statutory will were met and whether the court should grant leave to apply for a statutory will under section 19(1) of the Succession Act 2006. The court examined the circumstances of Jane's death and the existence of any valid will. It also considered the interests of the parties involved, particularly the potential beneficiaries of any statutory will. The court found that the application did not meet the criteria for a statutory will, as there was no clear evidence that Jane had intended to create a will, and no valid will was found. Furthermore, the court ruled that leave should not be granted as the application did not sufficiently demonstrate a strong public interest in establishing a statutory will.

The court's reasoning was grounded in the statutory provisions of the Succession Act 2006. It determined that the application did not establish the necessary circumstances for the court to intervene and make a statutory will. The court also found that the application did not adequately demonstrate a strong public interest warranting leave to apply for a statutory will. The opposition from the second defendant, Jane's husband, further supported the court's decision. Consequently, the court dismissed the plaintiff's application and refused leave to apply for a statutory will. The court also considered the costs argument and determined that the application should not proceed due to the lack of merit in the application.

The final orders of the court were that the application for the making of a statutory will for the first defendant under section 18 of the Succession Act 2006 was dismissed. Additionally, the application for leave under section 19(1) was also dismissed. The court found that the application did not meet the statutory criteria, and there was no sufficient public interest to warrant the making of a statutory will. The court further determined that the plaintiff was to bear the costs of the application.