The claimant sought an order that the will he produced was the proper last will of the deceased, and that the earlier grant in respect of another will should be revoked.
Held: ‘the burden of proof rests on [the proponent to establish both due execution and knowledge and approval. It is also common ground that, in the absence of suspicious circumstances surrounding the execution of a will, the court will assume that a will, appearing on its face to have been executed by a deceased in the presence of a minimum of two independent witnesses who have also signed the will as such, was properly entered into with the knowledge and approval of the deceased. ‘ The defendant said there was ample evidence to cast doubt on the later document. In fact the later document was probably valid, and the earlier will clearly a forgery. Order accordingly.
Judges:
Evans-Lombe J
Citations:
[2006] EWHC 2419 (Ch)
Links:
Jurisdiction:
England and Wales
Wills and Probate
Updated: 12 September 2022; Ref: scu.245214