References: [2006] EWHC 3419 (Ch), [2006] All ER (D) 297
Coram: Mr Guy Newey QC
Ratio: Mr Guy Newey QC considered the presumption of due execution when propounding a will: ‘The burden of proving due execution, whether by presumption or by positive evidence, rests on the person setting up the will . . In certain circumstances, however, the maxim omnia praesumuntur rite esse acta will apply and due execution will be presumed.’
Jurisdiction: England and Wales
This case is cited by:
- Cited – Lim v Thompson ChD (Bailii, [2009] EWHC 3341 (Ch), [2010] WTLR 661)
The claimant sought revocation of letters of administration granted to the defendant, asserting the existence of a valid will. The defendant said that the will was not validly executed. Only a copy had been found, and one with only one witness. One . .
(This list may be incomplete)
Last Update: 27 June 2020
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