Withers Worldwide

Nigel Thomas of Maitland Chambers appeared for the claimants on the question of whether an Italian will made in 1994 had the effect of entirely revoking an English will made in 1980.

The Court addressed the issue as to whether assessment of the effect of the Italian will should proceed by reference to Italian or English law.

The niece and nephew (by marriage) contended that their uncle was domiciled in England in 1994, but that irrespective of whether English or Italian law was applied, the Italian will did not revoke the English will. The claimants stood to inherit the testator’s English estate under the English will.

The defendant, the sister of the testator, maintained that her brother was domiciled in Italy in 1994, but that irrespective of whether English or Italian law was applied, the Italian will did have the effect of revoking the English will. If the English will was wholly revoked, an intestacy arose, under which she would be the sole beneficiary of the testator’s estate.

A two day hearing in the High Court before Mr Justice Sales addressed the testator’s domicile in 1994 and whether the Italian will had the effect of revoking the English will under both Italian and English law.

Mr Thomas will discuss the legal and factual background to the dispute and the factors influencing the decision.

If you would like to attend please contact Anna Prescott via email or by calling +44 (0)20 7597 6089.