The claimant disputed her mother’s will which left everything to her brother, challenging its execution. She said that the second witness had not been present when the will was signed.
Held: The will stood. Where a will appeared to be properly executed, the strongest evidence was required to counter the presumption in law of due execution. No sufficient evidence had been brought here.
Vos J
[2010] EWHC 1607 (Ch)
Bailii
Wills Act 1837 9(c)
England and Wales
Citing:
Applied – Sherrington 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 . .
Cited by:
Cited – Ahluwalia v Singh and Others ChD 6-Sep-2011
The claimant challenged the validity of the will, saying that it had not been validly attested, the two witnesses not being present at the same time despite the attestation clause saying they had been.
Held: The challenge succeeded. . .
Lists of cited by and citing cases may be incomplete.
Wills and Probate
Updated: 01 November 2021; Ref: scu.420223
