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:
[2011] EWHC 1247 (Ch), [2011] 3 WLR 1193, [2011] WTLR 1117
Links:
Statutes:
Jurisdiction:
England and Wales
Cited by:
Appeal from – Barrett v Bem and Others CA 31-Jan-2012
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 . .
Lists of cited by and citing cases may be incomplete.
Wills and Probate
Updated: 09 December 2022; Ref: scu.440137