The deceased had divorced and remarried. His children challenged the will made after his second marriage.
Held: There was cogent evidence that the will was not properly executed and that the will went against his wishes as expressed to others. The evidence of the widow was not credible, and the grant of probate was revoked.
The Hon Mr Justice Lightman
[2004] EWHC 1613 (Ch)
Bailii
England and Wales
Citing:
Cited – Re Beadle 1974
Although it is unnecessary that the attesting witnesses know that the document they are signing is a will, it is necessary to show that the attesting witnesses when signing the will intended by their signatures to verify that the testator had signed . .
Doubted – In the Estate of Benjamin, deceased 1934
The intention of a purported witness to the execution of a will is immaterial if the will is in proper form. . .
Cited – In the Estate of Fuld, decd (No 3) ChD 1967
The deceased had spent relatively equal periods in two or more countries. The parties disputed his domicile.
Held: A blind adherence to foreign law can not be always expected of an English Court. The legal relationship between a person and the . .
Cited – Re Colling Dec’d 1972
For the valid execution of a will, the burden is on those propounding the will to establish on the balance of probabilities that the technical requirements of the Act are strictly complied with irrespective of whether such insistence defeats the . .
Cited – Daintrey v Butcher 1888
For the purpose of proving the correct attestation of a will it is sufficient that the will bears the signature of the testator, that two persons are asked to sign (and do sign) as witnesses and the testator’s signature is so placed that the . .
Cited by:
Appeal from – Sherrington v Sherrington CA 22-Mar-2005
The deceased, a solicitor of long standing, was said to have signed his will without having read it, and had two witnesses sign the document without them knowing what they were attesting. He had remarried, and the will was challenged by his . .
See Also – Sherrington and Another v Sherrington CA 29-Dec-2006
The deceased had after remarriage made a will which excluded from benefit entirely his first wife and children by her. Claims under the 1975 Act were put to one side while the court decided on the validity of the will, but then dismissed. The court . .
Lists of cited by and citing cases may be incomplete.
Updated: 16 October 2021; Ref: scu.198711
