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Lows v Guthrie and Another (Low’s Trustees): HL 26 Mar 1909

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:

Bailii

Jurisdiction:

England and Wales

Wills and Probate

Updated: 17 June 2022; Ref: scu.620572

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