In the Estate of Bercovitz, deceased; Canning v Enever: CA 1962

Upheld – The court must be satisfied that the witness had signed the will with the intention of attesting the testator’s signature or of attesting the will.

Citations:

[1962] 1 WLR 321, [ 1962] 1 All ER 552

Jurisdiction:

England and Wales

Citing:

Appeal fromIn the Estate of Bercovitz, deceased; Canning v Enever ChD 1961
The court considered the requirements for a valid execution of a will.
Held: The court must be satisfied that the witness had signed the will with the intention of attesting the testator’s signature or of attesting the will. Phillimore J . .

Cited by:

CitedSherrington v Sherrington CA 22-Mar-2005
The deceased, a solicitor of long standing, was said to have signed his will without having read it, and had two witnesses sign the document without them knowing what they were attesting. He had remarried, and the will was challenged by his . .
Lists of cited by and citing cases may be incomplete.

Wills and Probate

Updated: 30 April 2022; Ref: scu.223795