A will, which had been executed but left undated, awaiting for a later condition to be fulfilled, at which time it was to be dated, did not show the necessary testamentary intent, and was not a valid will. A will must have an immediate testamentary effect. The testator cannot impose a precondition on its effectiveness. The awarded costs out of the estate.
Citations:
Gazette 06-Mar-1996, Independent 07-Feb-1996, Times 05-Feb-1996
Jurisdiction:
England and Wales
Citing:
Appeal from – Corbett v Newey and Others ChD 4-May-1994
A will had been executed, but left undated, awaiting for later condition to be fulfilled, and then it was to be dated. It did not show the necessary testamentary intent, and was not a valid will. The will must have an immediate testamentary effect. . .
See Also – Corbett v Bond Pearce (a Firm) CA 8-Aug-1997
The solicitors had added a date to a will executed by the client, as a result of this the will had been open to challenge. Objection was then made to the will on the ground of capacity. An action found negligence, but costs were paid from the estate . .
Cited by:
See Also – Corbett v Bond Pearce (a Firm) CA 8-Aug-1997
The solicitors had added a date to a will executed by the client, as a result of this the will had been open to challenge. Objection was then made to the will on the ground of capacity. An action found negligence, but costs were paid from the estate . .
Lists of cited by and citing cases may be incomplete.
Wills and Probate
Updated: 08 April 2022; Ref: scu.79500
