Writ – Attestation – Denial by Attesting Witness that Signature was Adhibited or Acknowledged in his Presence.
Will – Reduction – Agent and Client – Undue Influence – Person in Fiduciary Relationship Preparing and Benefitting under Will – Onus.
Observations per Lord Dunedin and Lord Shaw, the point having been abandoned by counsel, to the effect that ‘it is not enough to set aside a probative deed in Scotland that one instrnmentary witness simply says that he did not hear the signature acknowledged.’
Observations upon the onus placed upon an agent or person in a fiduciary relationship who has prepared a will under which he benefits.
Judges:
Lord Chancellor (Loreburn), Lord Macnaghten, Lord James Of Hereford, Lord Dunedin, and Lord Shaw of Dunfermline
Citations:
[1909] UKHL 639
Links:
Jurisdiction:
England and Wales
Wills and Probate
Updated: 17 June 2022; Ref: scu.620572
