References: [1909] UKHL 639
Links: Bailii
Coram: Lord Chancellor (Loreburn), Lord Macnaghten, Lord James Of Hereford, Lord Dunedin, and Lord Shaw of Dunfermline
Ratio: Writ – Attestation – Denial by Attesting Witness that Signature was Adhibited or Acknowledged in his Presence.
Will – Reduction – Agent and Client – Undue Influence – Person in Fiduciary Relationship Preparing and Benefitting under Will – Onus.
Observations per Lord Dunedin and Lord Shaw, the point having been abandoned by counsel, to the effect that ‘it is not enough to set aside a probative deed in Scotland that one instrnmentary witness simply says that he did not hear the signature acknowledged.’
Observations upon the onus placed upon an agent or person in a fiduciary relationship who has prepared a will under which he benefits.
Jurisdiction: England and Wales
Last Update: 21 April 2019
Ref: 620572
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