Marsh v Tyrrell: 1828

Revocation of Earlier Will needs Knowleedge

The testatrix was found to have made a new Will, at a time when her faculties were much impaired, under the undue influence of her husband, who under that Will took her estate absolutely subject only to some small legacies, whereas under the previous Will of the testatrix the principal objects of her bounty were quite different.
Held: To successfully revoke a former will by a new Will it was necessary to prove that the testatrix recollected the general contents of the previous Will.

Sir John Nicholl
(1828) 2 Hagg Ecc 84
England and Wales
Cited by:
CitedHoff and others v Atherton CA 19-Nov-2004
Appeals were made against pronouncements for the validity of a will and against the validity of an earlier will. The solicitor drawing the will was to receive a benefit, and had requested an independent solicitor to see the testatrix and ensure that . .

Lists of cited by and citing cases may be incomplete.

Wills and Probate, Undue Influence

Leading Case

Updated: 01 November 2021; Ref: scu.219626