For the valid execution of a will, the burden is on those propounding the will to establish on the balance of probabilities that the technical requirements of the Act are strictly complied with irrespective of whether such insistence defeats the testator’s intent.
Citations:
[1972] 3 All ER 729
Jurisdiction:
England and Wales
Cited by:
Cited – Sherrington v Sherrington ChD 13-Jul-2004
The deceased had divorced and remarried. His children challenged the will made after his second marriage.
Held: There was cogent evidence that the will was not properly executed and that the will went against his wishes as expressed to others. . .
Lists of cited by and citing cases may be incomplete.
Wills and Probate
Updated: 06 May 2022; Ref: scu.198738
