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Re Colling Dec’d: 1972

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References: [1972] 3 All ER 729
Ratio: For the valid execution of a will, the burden is on those propounding the will to establish on the balance of probabilities that the technical requirements of the Act are strictly complied with irrespective of whether such insistence defeats the testator’s intent.
This case is cited by:

  • Cited – Sherrington v Sherrington ChD ([2004] EWHC 1613 (Ch), Bailii)
    The deceased had divorced and remarried. His children challenged the will made after his second marriage.
    Held: There was cogent evidence that the will was not properly executed and that the will went against his wishes as expressed to others. . .

(This list may be incomplete)

Last Update: 21 February 2017
Ref: 198738

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