A former solicitor, who had been struck off the Roll for professional misconduct, propounded a will under which he was named as an executor and the residuary legatee. The will which the former solicitor had prepared contained an unusual attestation clause stating that the will had the deceased’s knowledge and approval.
Held: The circumstances were enough to raise suspicion. The judge was not satisfied that the deceased understood the effect of the will. The onus of proof falling on its propounder had not been satisfied. The court pronounced in favour of some legacies, but not of others.
Judges:
Swift J
Citations:
(1929) SJ 545
Cited by:
Cited – Carapeto v William Marsh Good and others CA 20-Jun-2002
Reltives of the deceased had challenged the will, alleging undue influence and lack of capacity. They sought leave to appeal the grant of probate of the will.
Held: The appeal had no realistic prospect of success. . .
Lists of cited by and citing cases may be incomplete.
Wills and Probate
Updated: 14 May 2022; Ref: scu.241761