The will on its face was validly executed but evidence had established that one witness had not been present. The judge had found the evidence to be sufficient to rebut the strong presumption that the will had been validly executed. Permission to appeal was now sought.
Held: Permission to appeal had been correctly refused, there being no point of law raised. The appeal requested the court, without the benefit of seeing the witnesses of fact, to reach a different conclusion from that of the judge who had.
Mummery LJ, Morgan J
[2012] EWCA Civ 1635
Bailii
England and Wales
Citing:
Appeal from – Ahluwalia v Singh and Others ChD 6-Sep-2011
The claimant challenged the validity of the will, saying that it had not been validly attested, the two witnesses not being present at the same time despite the attestation clause saying they had been.
Held: The challenge succeeded. . .
Lists of cited by and citing cases may be incomplete.
Wills and Probate
Leading Case
Updated: 02 November 2021; Ref: scu.466961
