Source: All England Reporter
Publisher Citation: [2007] All ER (D) 203 (Jun)
Court: Chancery Division

Blackburne J

Representation Anna Clarke (instructed by Taylor Fawcett) for the claimant.
  The executor did not appear and was not represented.
Judgment Dates: 20 June 2007


Will - Validity - Capacity of testatrix - Burden of proof - Executor contending testatrix's mental illness having no effect on testamentary capacity - Executor further contending testatrix having knowledge and approving contents of will - Whether executor proving case.

The Case

Will Validity. In the instant proceedings, the executor had not proved his case to the requisite burden, namely, that the testatrix had possessed the testamentary capacity at the time which her last will was purportedly made, and that she had had knowledge of and had approved the contents of that will.

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