Source: All England Reporter
Publisher Citation: [2006] All ER (D) 146 (Oct)
Court: Chancery Division

Paul Morgan QC sitting as a deputy judge of the High Court

Judgment Dates: 12 October 2006


Probate - Will - Validity - Knowledge and approval of contents of will - Whether testatrix lacking testamentary capacity - Whether will valid.

The Case

A party who put forward a document as being the last will of a deceased had to establish that the testator knew and approved its contents at the time when he executed it. In ordinary circumstances that was established by proof of testamentary capacity and of due execution, from which it was assumed that the testator knew and approved the contents of the will. However, where the circumstances attending the execution of a will were such as to 'excite the suspicion of the court', the court would pronounce against the will unless the suspicion was removed.

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