Challenge to grant of probate for home made will. Claim that not executed properly – contention that it was not signed by Mrs Whelen in the presence of 2 witnesses (s 9(1)(c)) and that the two witnesses who attested the will (Mr Hallam and Mrs Tomalin) did so at the request of and in the presence of Mrs Turner in the belief that they were witnessing Mrs Turner executing her own will. Both Mr Hallam and Mrs Tomalin assert that Mrs Whelen was not present when they attested her will (s 9(1)(d)).
Behrens HHJ
[2015] EWHC 3301 (Ch)
Bailii
Wills Act 1837 9
England and Wales
Wills and Probate
Updated: 06 January 2022; Ref: scu.554805
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