Wrangham J said: ‘As Salter J said in Beech’s case: ‘I think that, in order to constitute a will, the words used by the testator must be intended by him, at or after the time when he uses them, to be preserved or remembered so as to form the guide to those who survive in carrying out his wishes.’ In other words, in order to be a testamentary act there must be a statement of the deceased’s wishes for the disposition of his property after his death which is not merely imparted to his audience as a matter of information or interest, but is intended by him to convey to that audience a request, explicit or implicit, to see that his wishes are acted on.’ and ‘A testamentary act does not have to be a document or act of any sort attended by any particular formalities. Indeed, an act may be testamentary in this sense, even though the speaker did not know that he was making a will, or that he was capable of making a will at the time when be uttered the words in issue.’
Judges:
Wrangham J
Citations:
[1962] 1 WLR 852, [1962] 2 All ER 829
Jurisdiction:
England and Wales
Citing:
Cited – Re Beech 1923
Provided the words of a will have been read and accepted by a testator, they take effect even if the legal effect was not understood: ‘The contention is that if a will does not have the effect intended the testator cannot be said to have known and . .
Cited by:
Cited – Davies v Global Strategies Group Hong Kong Ltd and Another QBD 25-Sep-2009
The claimants alleged that the deceased had been shot while employed by the defendants working in Iraq. The defendants said that he had been an independent contractor for whom they did not have responsibility. . .
Lists of cited by and citing cases may be incomplete.
Wills and Probate
Updated: 05 May 2022; Ref: scu.375763