The witnesses did not see the attestation clause on a will and although they saw the testatrix write something on the document, they did not see what was being written.
Held: Witnesses to the execution of a will need not know that the document which they see the testator sign is a will. The court was prepared to infer that the testatrix was signing the will, the presumption that everything was duly done being a strong one in the absence of evidence clearly rebutting the presumption.
Citations:
(1869) LR 1 PandD 143
Cited by:
Cited – 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 . .
Lists of cited by and citing cases may be incomplete.
Wills and Probate
Updated: 12 April 2022; Ref: scu.223789
