Application for leave to make second appeal. Brother of deceased alleging that the widower had obtained probate by falsely representing that no will had been made by the deceased.
Held: Insofar as the judge had based his conclusion on an incorrect assertion that circumstantial evidence could not be used at all to base a conclusion as to whether a will had been executed, the appeal had to be allowed to go ahead.
Judges:
Jonathan-Parker LJ
Citations:
[2002] EWCA Civ 1565
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Atkinson v Morris CA 1897
The plaintiff was able to prove that the testator had said she had destroyed one copy of a will she had made in duplicate.
Held: Though that evidence would have had the effect of revocation, it was hearsay and inadmissible and her intentions . .
Lists of cited by and citing cases may be incomplete.
Wills and Probate, Evidence
Updated: 27 June 2022; Ref: scu.217724