The testatrix had signed her name by the attestation clause before it was witnessed.
Held: A pre-signed will, on which the testator’s earlier signature was then acknowledged before a witness, and if there was appropriate evidence of her intention to give effect to the will, satisfied the UK law’s attestation requirements. The court is to try to construe will to avoid intestacy and to reflect testator’s wishes.
Judges:
HHJ Kolbert
Citations:
Times 07-Nov-1994, Ind Summary 05-Dec-1994
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – Re Casmore 1869
. .
Cited – The Goods of Pearn, Re 1875
. .
Cited – In re The Goods of Moore 1901
. .
Cited – Wood and Another v Smith and Another CA 6-May-1992
A home made will signed only at the top of the page but where there was a clear indication of testamentary intention is a valid will. . .
Cited – Bird v Pearce CA 1979
The plaintiff was a passenger in a car on a major road which who was injured in a collision with a car which emerged from a minor road. The driver of the second car, who was agreed (as between the two cars) to be 90% responsible, joined the County . .
Lists of cited by and citing cases may be incomplete.
Wills and Probate
Updated: 10 June 2022; Ref: scu.90344
