Mr Guy Newey QC considered the presumption of due execution when propounding a will: ‘The burden of proving due execution, whether by presumption or by positive evidence, rests on the person setting up the will . . In certain circumstances, however, the maxim omnia praesumuntur rite esse acta will apply and due execution will be presumed.’
Judges:
Mr Guy Newey QC
Citations:
[2006] EWHC 3419 (Ch), [2006] All ER (D) 297
Jurisdiction:
England and Wales
Cited by:
Cited – Lim v Thompson ChD 14-Oct-2009
The claimant sought revocation of letters of administration granted to the defendant, asserting the existence of a valid will. The defendant said that the will was not validly executed. Only a copy had been found, and one with only one witness. One . .
Lists of cited by and citing cases may be incomplete.
Wills and Probate
Updated: 06 December 2022; Ref: scu.421599