Under section 9(a) of the Wills Act 1937, as amended, the court should not find that a will has been signed by a third party at the direction of the testator unless there is a positive and discernible communication (which may be verbal or non-verbal) by the testator that he wishes the will to be … Continue reading Barrett v Bem and Others: CA 31 Jan 2012

The court retried an action disputing the validity of the will, new evidence having emerged post trial. The doubtful signature was explained by witnesses who said that he had been assisted. Held: The matter might have been handled better, but the testator knew the contents of his will, and signed it. Judges: Vos J Citations: … Continue reading Barrett v Bem and Others: ChD 19 May 2011

Challenge to purported wills as forgeries.
Held: Though the will was not executed as described in the attestation clause: ‘On the totality of the evidence before me, I am satisfied Dean understood and approved what was in the will when it was . .