It was alleged that the signature on the deceased’s will was a forgery.
Held: Given the serious nature of the allegation of forgery the legal burden of proving that the signature on the Will was forged rested on the Defendant, and cogent proof was required from the party making an allegation of forgery, albeit that the civil standard viz the balance of probabilities still applied. Applying those principles, the story behind the proposed will was not credible, and ‘I have without hesitation concluded that in the light of all the evidence Naseem did not sign the Will and that her signature on that document is a forgery.’
Barling J addressed the law: ‘Mr Charles Machin of counsel, who appeared for the Defendant, accepted that given the serious nature of the allegation of forgery the legal burden of proving that the signature on the Will was forged rested on the Defendant. He also accepted that cogent proof is required from the party making an allegation of forgery, albeit that the civil standard viz the balance of probabilities still applies …’
Judges:
Barling J
Citations:
[2013] EWHC 4079 (Ch), [2014] WTLR 387
Links:
Jurisdiction:
England and Wales
Citing:
Cited – In re Dellow’s Will Trusts; Lloyd’s Bank v Institute of Cancer Research ChD 1964
Ungoed-Thomas J said: ‘The more serious the allegation the more cogent is the evidence required to overcome the unliklihood of what is alleged and thus to prove it.’ . .
Cited – In re H and R (Minors) (Child Sexual Abuse: Standard of Proof) HL 14-Dec-1995
Evidence allowed – Care Application after Abuse
Children had made allegations of serious sexual abuse against their step-father. He was acquitted at trial, but the local authority went ahead with care proceedings. The parents appealed against a finding that a likely risk to the children had still . .
Cited – Fuller v Strum ChD 20-Dec-2000
Mr Strum had come to England as a refugee from Nazi Germany. He had then left to live in Israel, but retained his property in London. A will was challenged on the basis that the signature had been forged. The two attesting witnesses asserted that . .
Cited – Vacciana v Herod 2005
. .
Lists of cited by and citing cases may be incomplete.
Wills and Probate
Updated: 28 April 2022; Ref: scu.519347