The deceased had made a will providing for her daughter and charities. She became ill, and lost capacity, and then her daughter died. Her son applied for a statutory will. This was ordered and prepared, but she died before the court could confirm that it could be sealed. The son applied for an order allowing it still to be sealed.
Held: The will could still be sealed, and admitted to probate. Section 97 laid down no formal requirement that a statutory will need be sealed while the testator was alive, and explicitly disapplied section 9 of the 1837 Act. The sealing was, under the Rules, only a part of the process of evidencing the will. The role and function of the Court at this point was ministerial, confirming that the order had been given effect properly.
Judges:
Weeks QC J
Citations:
Times 08-Jan-1999
Statutes:
Mental Health Act 1983 97(1)(c), Wills Act 1837 9, Court of Protection Rules 1994 93
Jurisdiction:
England and Wales
Wills and Probate
Updated: 19 July 2022; Ref: scu.81942
