It is not necessary for the validity of a privileged (nuncupative) will that the testator knew that he was making a will: what is required is that he ‘intended deliberately to give expression to his wishes as to what should be done with his property in the event of his death.’ ‘at sea’ meant being engaged on a voyage or on work connected with the actual navigation of the sea.
Judges:
Horridge J
Citations:
[1918] P 7
Jurisdiction:
England and Wales
Cited by:
Cited – Ayling v Summers and Others ChD 14-Sep-2009
Letters of administration had been taken out, but it was subsequently discovered that the deceased, a seamen, may have made a nuncupative will which would be valid if made at sea. He had said: ‘You listen to me. If anything happens to me, I want . .
Lists of cited by and citing cases may be incomplete.
Wills and Probate
Updated: 15 May 2022; Ref: scu.375762