Sir John Nicholl said: ‘In the court of probate the whole question is one of intention: the animus testandi and the animus recocandi are completely open to investigation.’
Judges:
Sir John Nicholl
Citations:
[1817] EngR 585, (1817) 2 Phill 416, (1817) 161 ER 1186
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Re Resch’s Will Trusts; Vera Caroline Le Crasv Perpetual Trustee Company Limited PC 19-Oct-1967
(New South Wales) The testator left a series of testamentary provisions including gifts which worked cumulatively. Lord Wilberforce discussed the breadth of evidence admissible in the probate court: ‘The principles which ought to be applied on such . .
Cited – Lamothe v Lamothe and Others ChD 15-Jun-2006
The deceased had made a will in England but later made a will in Dominica revoking all other wills. After the first death, probate of the first will was taken out in ignorance of the second. The claimant, still in ignorance of the second will, took . .
Lists of cited by and citing cases may be incomplete.
Wills and Probate
Updated: 02 May 2022; Ref: scu.333435