Site icon swarb.co.uk

In the Estate of Fuld, dec’d (No 3): ChD 1968

References: [1968] 1 P 675
Coram: Scarman J
The onus of proof on the balance of probabilities as to whether the Will was duly executed and whether the Deceased knew and approved the contents of the Will is upon the Defendant. The legal requirement upon the Defendant to establish these facts is a safeguard in will cases against fraud upon the dead. The weight of the burden will vary with the weight of the suspicion to be dispelled; but in a matter as vital as this the law wears no cramping straight jacket. The Court’s vigilance is called whenever circumstances reasonably excite suspicion.
Scarman J said: ‘when all is dark, it is dangerous for a court to claim that it can see the light.’
This case is cited by:

Exit mobile version